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 a family member is injured in a hit-and-run accident in NSW and the at-fault driver cannot be identified, caregivers and families need to understand how to pursue compensation through the NSW Compulsory Third Party (CTP) scheme. The Motor Accident Injuries Act 2017 and SIRA (State Insurance Regulatory Authority) govern claims in these circumstances, offering specific pathways for dependents and families. This article explains the practical steps, evidence required, and support available for caregivers managing claims involving unidentified vehicles.
How SIRA Handles Claims with Unidentified Vehicles
Under NSW law, CTP claims can proceed even if the at-fault driver flees the scene or cannot be identified. SIRA manages these claims under the Motor Accident Injuries Act 2017, which ensures injured parties receive compensation regardless of fault. When the vehicle is unidentified, the claim is processed through the 'unidentified vehicle' pathway, which prioritises the injured person’s needs over determining the driver’s identity.
SIRA requires claimants to provide evidence of the accident, such as police reports, witness statements, and medical records. While the driver’s identity is not needed to file a claim, the insurer may later investigate the incident to identify the at-fault party. Families should note that the claim process focuses on the injured person’s injuries and care requirements, not the driver’s details.
Practical Steps for Caregivers and Families
Caregivers should take the following steps to support their loved one’s claim:
- Secure medical attention immediately to document injuries, as medical records are critical evidence.
- Report the accident to police and obtain a report, as this confirms the incident occurred.
- Collect witness details and photographs of the scene, vehicle damage, and any visible license plates.
- Notify SIRA as soon as possible to start the claims process. Delays may affect access to benefits like weekly income payments or treatment and care support.
Families should also consider the financial and emotional impact of the injury. SIRA’s claims process includes benefits such as income support, rehabilitation, and compensation for care, which can help alleviate some of the burden during recovery.
Time Limits and Dispute Options
NSW CTP claims must be submitted within five years of the accident, although delays may affect the availability of certain benefits. For example, weekly income payments and treatment benefits are generally limited to 52 weeks if the injury is classified as a 'threshold injury' under the Motor Accident Guidelines. Families should seek legal advice if disputes arise over injury classification or benefit eligibility.
If the claim is disputed, SIRA provides a formal review process. Claimants may also seek assistance from a solicitor specialising in CTP claims to challenge decisions or negotiate a fair outcome.
Example: Supporting a Family Member’s Claim
Consider a scenario where a family member is injured in a hit-and-run accident in Ashfield. The injured person requires ongoing care, and the family must manage both medical expenses and daily responsibilities. SIRA’s claims process ensures the injured person receives income support during recovery, while the family can access resources such as home care services or financial assistance. In this case, the focus remains on the injured person’s needs, not the identity of the driver.
When to Seek Legal Advice
While SIRA provides a structured claims process, families may need legal guidance to navigate complex issues such as injury classification, benefit limits, or disputes with insurers. A solicitor can help ensure all evidence is properly submitted and that the claimant’s rights under the Motor Accident Injuries Act 2017 are protected.
Next Steps for Families
Caregivers and families should act quickly to preserve evidence and initiate the claims process. Time limits apply, and certain benefits may only be available for a limited period. By understanding the CTP scheme and working with SIRA, families can access the support they need during this challenging time.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.