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 or a family member were injured in a hit-and-run accident involving an unidentified vehicle in NSW, you may still be eligible for compensation under the Compulsory Third Party (CTP) scheme. This article explains how caregivers and families can pursue claims, what expenses are covered, and how SIRA handles these cases. Key considerations include reporting the incident, gathering evidence, and understanding time limits.
How Families Claim Compensation for Hit-and-Run Accidents
Under the Motor Accident Injuries Act 2017 (MAIA), NSW CTP claims are administered by the State Insurance Regulatory Authority (SIRA). Even if the at-fault driver cannot be identified, you may still claim for injuries caused by the unidentified vehicle. SIRA does not require the driver’s identity to process claims, as the CTP scheme is designed to cover victims regardless of fault.
To begin, report the accident to police and provide details such as the vehicle’s description, location, and time of the incident. Gather evidence like witness statements, photographs of the scene, and medical records. SIRA will assess your claim based on the injury’s severity and the evidence provided.
Caregiver Expenses Covered Under NSW CTP Claims
CTP claims cover treatment and care benefits, weekly income payments, and compensation for loss of income. For caregivers, this includes expenses such as:
- Medical treatment costs for the injured person
- Lost wages if the caregiver had to take time off work
- Home care or assistance with daily activities
SIRA evaluates claims based on the injured person’s medical needs and the caregiver’s financial impact. For example, if a child requires ongoing care after an accident, the family may claim for both the child’s treatment and the caregiver’s lost income.
SIRA’s Approach to Unidentified Vehicle Claims
SIRA handles claims involving unidentified vehicles differently from standard CTP claims. While most claims are resolved through SIRA’s process, complex cases may require further investigation. For instance, if the accident involves a hit-and-run with no witnesses, SIRA may rely on medical evidence to determine the injury’s cause and severity.
Unlike standard claims, unidentified vehicle cases do not require proof of fault. However, claims must still meet the threshold injury criteria outlined in the MAIA. This means the injury must be serious enough to qualify for benefits, such as a spinal nerve-root injury producing neurological signs.
Practical Steps for Families
- Report the accident: Contact police and provide a detailed account of the incident.
- Gather evidence: Collect witness statements, photos, and medical records.
- Notify SIRA: Submit a claim through SIRA’s online portal or by mail.
- Monitor time limits: Claims must be submitted within a reasonable time, though there is no strict deadline for all cases.
If your claim is denied or disputed, you may need to seek legal advice. SIRA provides a free review process, but complex cases often require a solicitor to challenge decisions.
When to Seek Legal Advice
Families should consult a lawyer if:
- The claim is denied without a clear explanation
- There are disputes over the injury’s severity
- The accident involves multiple parties or jurisdictions
A solicitor can help navigate SIRA’s process, challenge decisions, or pursue additional compensation for long-term care needs.
Time Limits and Dispute Options
While there is no fixed time limit for submitting a claim, delays can affect the outcome. For example, if the injury is a threshold injury (e.g., a soft-tissue injury meeting the MAIA’s criteria), benefits may be limited after 52 weeks. Families should act promptly to ensure all evidence is preserved.
If a claim is disputed, you can request a review from SIRA or escalate the matter to the NSW Civil and Administrative Tribunal (NCAT). Legal representation can help challenge decisions and ensure your family’s rights are protected.
Final Considerations
Navigating a hit-and-run claim can be stressful, especially for caregivers. Understanding the CTP scheme’s rules, gathering strong evidence, and acting quickly are essential. While SIRA handles most claims, complex cases often require legal assistance to secure fair compensation for both the injured person and their family.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.