Navigating CTP Claims After a Hit-and-Run in NSW
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 was injured in a motor accident in Greater Sydney and the at-fault driver fled the scene, you may still be entitled to compensation under the NSW Compulsory Third Party (CTP) insurance scheme. This applies even if the responsible vehicle cannot be identified. The Motor Accident Injuries Act 2017 (MAIA) provides a pathway for claims in these circumstances, and families and caregivers play a key role in ensuring the claim reflects the full impact of the injury on daily life and care needs.
How SIRA Manages Unidentified Vehicles in CTP Claims
When the at-fault driver is not identified, the claim proceeds through the State Insurance Regulatory Authority (SIRA) under the CTP scheme. SIRA administers the CTP scheme and ensures that eligible claimants receive appropriate treatment and care benefits, weekly income payments, and, where applicable, damages. The absence of a named driver does not prevent a claim from being made. Instead, SIRA may issue a Nominal Defendant certificate, which allows the claim to proceed against the CTP insurer as a legal entity, not an individual.
Proving Caregiver Impacts and Ongoing Needs
Families and caregivers often face significant challenges in documenting the extent of care provided after a hit-and-run. To support a claim, you must provide evidence of the time, effort, and financial cost involved in caring for the injured person. This includes:
- Detailed records of time spent assisting with daily activities such as bathing, dressing, preparing meals, or managing medical appointments.
- Statements from family members or close friends describing the change in the injured person’s needs since the accident.
- Medical reports that confirm the injury’s impact on independence and the need for ongoing assistance.
- A record of any out-of-pocket expenses related to care, such as transport, equipment, or home modifications.
SIRA recognises that care provided by family members has a real value and may assess a claim for a care-related component, particularly where the injury results in a long-term or permanent need for assistance.
Evidence That Matters in Hit-and-Run Claims
In the absence of a named driver, the strength of your claim depends on the quality and completeness of the evidence you gather. Key items include:
- A police report confirming the hit-and-run and the investigation status.
- Photographs of the scene, vehicle damage, and any visible injuries taken as soon as possible after the accident.
- Medical records from the initial treatment and all subsequent visits, including assessments of impairment and functional limitations.
- A diary or log of symptoms, pain levels, and care needs over time.
- Witness statements, if available, describing the incident and the injured person’s condition immediately after.
These materials help establish the nature and severity of the injury, which is essential for determining eligibility for benefits and damages.
Time Limits and Procedural Requirements
A claim for motor accident injury compensation must generally be made within three years of the accident date. However, if the injured person was under 18 at the time of the accident, the time limit extends to three years after their 18th birthday. In hit-and-run cases, the three-year period begins from the date of the accident, not when the vehicle is identified.
Failure to meet this deadline may result in the claim being barred. It is therefore critical to begin the process as soon as possible, even if the driver remains unidentified. You should notify SIRA or your insurer of the claim within 30 days of the accident to preserve your rights.
When to Seek Independent Advice
While SIRA provides a structured process for claims, the complexity of hit-and-run cases, especially those involving ongoing care needs, mental health impacts, or disputes over impairment, can make independent legal advice valuable. A solicitor experienced in CTP claims can help:
- Interpret the Motor Accident Injuries Guidelines and assess whether a threshold injury applies.
- Advise on the potential for damages, particularly if the injury results in a permanent impairment or significant loss of capacity.
- Assist in preparing and submitting a claim that accurately reflects the burden on caregivers and family members.
Hypothetical Example: Supporting a Family Caregiver
A 52-year-old mother in Sydney was struck by a vehicle while crossing a road in the Eastern Suburbs. The driver fled the scene. She sustained a spinal injury that limits her mobility and requires daily assistance with household tasks. Her adult daughter, who lives with her, has taken on most of the care responsibilities, including driving her to appointments and managing her medication.
The daughter collected daily logs of care time, obtained medical reports confirming her mother’s need for assistance, and submitted a formal claim through SIRA. The claim included a request for a care component based on the time and effort provided. SIRA assessed the claim and approved a payment to reflect the value of the care provided, which was not directly paid to the daughter but recognised in the overall compensation package.
Next Steps for Families and Caregivers
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.