How to Resolve Disputes After a Hit-and-Run on the Central Coast
Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
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've been involved in a hit-and-run accident on the Central Coast and the at-fault driver cannot be identified, you may have questions about your options under NSW Compulsory Third Party (CTP) laws. The NSW Motor Accident Injuries Act 2017 and the State Insurance Regulatory Authority (SIRA) provide a framework for claims in such cases. This guide explains your dispute resolution options, the evidence you need, and time limits that apply.
What to Do When the Driver Is Unidentified
Under NSW CTP rules, you can still claim compensation even if the at-fault driver flees the scene. SIRA handles claims where the driver is unknown by using the Motor Accident Guidelines to assess injuries and determine entitlements. Key steps include:
- Reporting the accident: Notify SIRA immediately, even if the driver is not identified. You must report within 28 days of the accident to claim benefits like weekly payments or treatment costs.
- Medical evidence: Provide medical records showing your injuries, including any soft-tissue injuries (e.g., whiplash) or spinal nerve-root damage. SIRA uses the Motor Accident Guidelines to determine if your injuries meet the threshold for compensation.
- Witness statements: Gather contact details from witnesses, CCTV footage, or traffic camera recordings. These can help establish fault or support your claim.
Dispute Resolution Options
If your claim is rejected or you disagree with SIRA’s decision, you have options:
- Internal review: Request a review by SIRA’s internal team. This is the first step and may resolve disputes without further action.
- Personal Injury Commission (PIC) medical dispute pathway: If there’s a disagreement about your injury’s severity, the PIC can assess your medical records. This is particularly relevant for disputes over whole person impairment or threshold injuries.
- NCAT or court: If SIRA’s decision remains unresolved, you may escalate the matter to the NSW Civil and Administrative Tribunal (NCAT) or the District Court. Note that challenges do not guarantee a changed outcome.
Time Limits and Practical Steps
Time is critical. Under the Motor Accident Injuries Act 2017, you have 28 days to report an accident to SIRA to claim benefits like weekly payments. If you miss this deadline, you may lose entitlements. For disputes over injury assessments, you have 28 days to request an internal review.
Example: A Central Coast Hit-and-Run Claim
Imagine a pedestrian on the Central Coast is hit by a car and the driver flees. The injured person reports the accident to SIRA within 28 days. SIRA assesses the injury using the Motor Accident Guidelines and determines it’s a threshold injury. The injured person receives weekly payments for 52 weeks. If they later dispute the injury assessment, they can request a PIC review.
When to Seek Legal Advice
Disputes over unidentified drivers can be complex. A solicitor can help you:
- Navigate SIRA’s internal review process.
- Challenge decisions about your injury’s severity.
- Explore options for escalating to NCAT or court.
Next Steps
If your claim involves an unidentified driver, act quickly. Missing time limits can reduce your entitlements. For personalized guidance, complete the quick, no obligation enquiry form to request contact about your circumstances.