A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
If you were injured in a hit-and-run accident on the Central Coast and the at-fault driver cannot be identified, the 2017 NSW CTP reforms have changed how you pursue compensation. Under the Motor Accident Injuries Act 2017, claimants can now seek benefits through the State Insurance Regulatory Authority (SIRA) even when the responsible vehicle is unidentified. This article explains the key changes, your options for claiming compensation, and practical steps to take.
How the 2017 Reforms Changed Hit-and-Run Claims
Before 2017, claimants in unidentified hit-and-run accidents faced significant hurdles. The reforms introduced by the Motor Accident Injuries Act 2017 now allow injured parties to claim benefits through SIRA, the government body that administers NSW’s CTP scheme. This change ensures that claimants are not left without support when the at-fault driver flees the scene.
Under the new rules, you may still claim treatment and care benefits, weekly income payments, and compensation for permanent injuries, even if the driver cannot be identified. However, the reforms also introduced stricter time limits and evidence requirements. For example, you must notify SIRA within 52 weeks of the accident to claim weekly benefits, and your claim must demonstrate that the injury resulted from the accident.
Practical Steps for Central Coast Claimants
If you were involved in a hit-and-run accident, take the following steps to support your claim:
- Seek immediate medical attention and document all treatment records. Medical evidence is critical to prove your injury.
- Report the accident to the NSW Police and obtain a report. Police records can help establish the circumstances of the collision.
- Collect evidence such as witness statements, photographs of the scene, and any vehicle details you can recall.
- Contact SIRA directly to start your claim. SIRA provides a free claims assistance service for Central Coast residents.
SIRA also offers a dedicated claims portal (https://www.sira.nsw.gov.au/claims/motor-accidents) where you can submit your claim online. This portal includes tools to help you understand what you can claim, including weekly income payments for lost wages and treatment benefits.
Time Limits and Dispute Options
The 2017 reforms introduced strict time limits for claims. For example, weekly benefits are generally limited to 52 weeks after the accident if your injuries are classified as 'threshold injuries' (minor soft-tissue injuries). If your injury meets the 'whole person impairment' threshold, you may be eligible for longer-term compensation.
If your claim is disputed by SIRA, you can request a review or seek independent legal advice. SIRA provides a free dispute resolution process for claimants who believe their benefits have been incorrectly calculated.
A Hypothetical Example
Imagine a Central Coast resident who was hit by an unidentified car while walking in a car park. They suffered a soft-tissue injury and sought medical treatment. Under the 2017 reforms, they could claim weekly income benefits for 52 weeks, provided their injury was classified as a threshold injury. If their injury required ongoing treatment, they could also claim additional benefits.
When to Seek Legal Advice
While SIRA provides support for many claims, complex cases, such as those involving permanent injuries, disputes over fault, or overlapping workers’ compensation claims, may require legal assistance. A solicitor can help you navigate the claims process, challenge incorrect decisions, and ensure you receive the full benefits you are entitled to.
Next Steps
The 2017 reforms have changed how Central Coast residents claim compensation after hit-and-run accidents. By understanding your options, gathering evidence, and acting within time limits, you can maximise your claim. For personalised advice, complete the quick, no obligation enquiry form to request contact about your circumstances.