If you were injured in a hit-and-run accident in Greater Sydney and the at-fault driver cannot be identified, you may still be eligible for compensation under NSW’s Compulsory Third Party (CTP) scheme. This guide explains what evidence you need to support your claim, how the process works when the vehicle is unidentified, and steps to take to preserve your rights. The NSW government’s SIRA (State Insurance Regulatory Authority) oversees CTP claims, and its guidelines outline the documentation required for injury claims in such cases.
What Evidence Supports a Hit-and-Run CTP Claim?
To claim compensation under the Motor Accident Injuries Act 2017, you must demonstrate that the accident occurred and that you suffered an injury. Key evidence includes:
- Medical records: Documentation from doctors, physiotherapists, or specialists confirming your injuries, treatment, and recovery timeline.
- Accident report: If you reported the incident to police, include the report number and details of the officer’s notes.
- Witness statements: Statements from people who saw the accident, including vehicle descriptions, license plate numbers (if visible), or direction of travel.
- Photographs: Images of your injuries, the accident scene, skid marks, or vehicle damage (even if the car fled).
- Witness contact details: Names, phone numbers, and addresses of witnesses to verify their accounts.
- Income records: Proof of lost wages or reduced earning capacity if your injury affects your ability to work.
- Vehicle details: If you were a driver or passenger, provide information about your own vehicle, such as registration, make, model, and license plate.
How SIRA Handles Claims with Unidentified Vehicles
SIRA manages CTP claims for unidentified vehicles under the Motor Accident Injuries Act 2017. If the at-fault driver cannot be located, the claim proceeds through the CTP scheme, which covers injuries regardless of fault. However, the following applies:
- Unidentified vehicle: If the vehicle is uninsured, unregistered, or unlicensed, SIRA will still assess your claim based on the injury evidence.
- No fault requirement: Unlike some other schemes, CTP claims do not require proof of the other driver’s fault. The scheme covers injuries caused by motor vehicles, regardless of who was at fault.
- Threshold injury rules: If your injuries meet the ‘threshold injury’ criteria (e.g., soft tissue injuries with neurological signs), you may qualify for weekly payments and treatment benefits under the scheme.
Time Limits and Dispute Resolution
You have three years from the date of the accident to make a CTP claim under the Motor Accident Injuries Act 2017. However, if your injuries require ongoing treatment, you may need to apply for extended benefits or seek a review of your claim. If SIRA disputes your claim, you can:
- Request a review: Submit additional evidence or clarification to support your case.
- Seek independent advice: A legal professional can help you challenge a decision or negotiate a fair outcome.
Practical Example: Documenting a Hit-and-Run Injury
Imagine a pedestrian in Sydney’s inner west is struck by a car that flees the scene. The injured person documents the incident by:
- Visiting a hospital and obtaining a medical report detailing bruising and whiplash.
- Reporting the accident to police and receiving a report number.
- Gathering witness statements from nearby residents who saw the car.
- Taking photos of the accident scene and the vehicle’s make and color.
- Keeping records of lost wages due to time off work.
This evidence forms the basis of a CTP claim under the NSW scheme.
When to Seek Legal Advice
While SIRA handles most CTP claims, complex cases, such as disputes over injury severity, long-term disabilities, or overlapping claims with workers’ compensation, may require legal assistance. A solicitor can help you:
- Navigate the CTP claims process.
- Challenge a decision if your claim is denied.
- Seek compensation for long-term injuries or disabilities.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.