Your Rights to Support After a Hit-and-Run Accident in NSW
If you were involved in a hit-and-run accident in NSW, you may still be entitled to compensation and support under the Compulsory Third Party (CTP) insurance scheme, even if the at-fault driver cannot be identified. The Motor Accident Injuries Act 2017 (MAIA) provides statutory benefits for injuries sustained in motor vehicle accidents, regardless of fault. These benefits are designed to help you recover and return to daily activities such as work, household tasks, and social engagement. You are not required to identify the driver to access treatment and care, weekly income payments, or support for returning to work.
What Benefits Are Available After a Hit-and-Run
Under the MAIA, you may receive treatment and care benefits to cover medical treatment, rehabilitation, and allied health services. These benefits are intended to support recovery and help you regain function. If your injury reduces your capacity to work, you may also be eligible for weekly income payments, even if you were not at fault. These payments are not dependent on proving who caused the accident.
If your injuries result in a threshold injury as defined in the MAIA, you may be able to claim damages for pain and suffering, loss of enjoyment of life, and future care needs. A threshold injury includes a permanent impairment of at least 10% of the whole person, or a permanent injury that significantly affects your ability to carry out daily activities. The Motor Accident Guidelines set out the criteria for determining whether an injury meets this threshold.
Important Rules for Claims Under the MAIA
If your only injuries from the accident are threshold injuries, weekly income payments and treatment and care benefits generally cease after 52 weeks from the date of the accident. This rule applies only to claims under the current MAIA scheme, which commenced on 1 December 2017. Accidents occurring before that date are governed by the former Motor Accidents Compensation Act 1999.
A threshold injury under the MAIA includes a soft tissue injury that results in a permanent impairment of at least 10% of the whole person, or a permanent injury that significantly affects your ability to carry out daily activities. The term "soft tissue" includes injuries to muscles, ligaments, and tendons, and may also include spinal nerve-root injuries that produce neurological signs other than radiculopathy.
Steps to Protect Your Claim and Support Recovery
To help you return to daily activities and preserve your entitlement to benefits, take the following steps:
- Seek medical attention immediately and keep all records of treatment, including diagnoses, assessments, and progress notes.
- Report the hit-and-run to the police and obtain a completed police report, which is essential evidence for your claim.
- Notify the CTP insurer as soon as possible, ideally within 30 days of the accident, to avoid delays in receiving benefits.
- Maintain a daily diary of symptoms, functional limitations, and progress in returning to tasks such as driving, shopping, or caring for family.
- Provide your CTP insurer with details of any witnesses, photographs of the scene or damage, and any other evidence that supports your account.
What to Do If Your Claim Is Disputed
If your claim is denied or you disagree with the insurer’s decision on benefits, you may request a review. The insurer must respond within 28 days of receiving your request. If the dispute remains unresolved, you may apply to the NSW Civil and Administrative Tribunal (NCAT) for a determination. It is important to act promptly and keep all correspondence with the insurer.
A Realistic Example of Recovery After a Hit-and-Run
A 38-year-old office worker in Sydney was struck by a vehicle while crossing a road in the Eastern Suburbs. The driver fled the scene. The worker sustained a soft tissue injury to the neck and back, which caused ongoing pain and reduced mobility. After reporting the incident to police and receiving medical treatment, the worker provided a diary showing daily struggles with driving, lifting, and concentration at work. The CTP insurer approved treatment and care benefits and weekly income payments. After 12 weeks of rehabilitation, the worker was able to return to part-time work. The insurer continued to provide support under the MAIA framework, including access to a case manager to assist with the return to full duties.
Next Steps for Your Claim
Every claim depends on its own facts. The availability of benefits, the impact of a hit-and-run on your recovery, and your ability to return to daily activities will depend on the nature of your injuries, the evidence you provide, and the timing of your claim. The CTP scheme is designed to assist recovery, but the process requires careful attention to detail and documentation.
To request contact about your circumstances, complete the quick, no obligation enquiry form.