How to Pursue Compensation After a Hit-and-Run in NSW
If you've been involved in a hit-and-run accident in NSW, you may still be eligible for compensation through the Compulsory Third Party (CTP) scheme. Under the Motor Accident Injuries Act 2017, claimants don’t need to identify the at-fault driver to pursue benefits. This article explains your options for resolving disputes when the responsible vehicle cannot be located.
NSW CTP Rules for Unidentified Vehicles
The CTP scheme covers injuries caused by motor vehicles, regardless of fault. If the at-fault driver flees the scene, the claimant can still apply for:
- Medical treatment and care benefits
- Weekly income payments for lost earnings
- Out-of-pocket expenses like medical bills
SIRA (State Insurance Regulatory Authority) administers these claims. You don’t need to prove fault or identify the driver. However, you must provide evidence of the accident and your injuries.
Practical Steps and Evidence for Hit-and-Run Claims
To support your claim, gather:
- Medical records showing injuries and treatment
- Accident reports from police or witnesses
- Witness statements describing the vehicle’s make, color, or license plate
- Photographs of the accident scene and vehicle damage
- Income records to claim lost wages
If the vehicle was unidentified, include details like the time, location, and any description of the car. SIRA may use this information to investigate.
Time Limits and Dispute Resolution Options
Claims must be submitted within five years of the accident, per the Motor Accident Injuries Act 2017. However, benefits like weekly payments typically expire after 52 weeks if only threshold injuries (soft tissue injuries) are involved.
If your claim is disputed, SIRA provides internal review processes. You can also:
- Request a medical assessment through the Personal Injury Commission (PIC) to challenge injury severity ratings
- Appeal decisions to the NSW Civil and Administrative Tribunal (NCAT) if you believe the claim was unfairly denied
Note: Challenges don’t guarantee a changed decision. Medical evidence must align with the Motor Accident Guidelines to support your case.
When to Seek Legal Advice
Disputes over unidentified vehicles can be complex. A solicitor can help you:
- Navigate SIRA’s claim process
- Challenge decisions based on medical evidence
- Explore options if your claim is rejected
If your accident occurred in Albury or another NSW location, contact a legal professional to assess your options. Every claim depends on its own facts.
Next Steps
Time limits and procedural requirements may apply. To request contact about your circumstances, complete the quick, no obligation enquiry form.