Immediate Steps After a Hit-and-Run in NSW
If you've been injured in a hit-and-run involving an unidentified vehicle in New South Wales, you may still be eligible for compensation under the NSW Compulsory Third Party (CTP) scheme. The first priority is to seek urgent medical attention, as injuries from collisions can worsen over time. Document the accident scene by taking photos of your injuries, the vehicle’s location, and any visible damage. Contact the police to report the incident, as this creates an official record. If you’re a pedestrian or cyclist, note the vehicle’s make, model, and colour if possible.
How the NSW CTP Scheme Handles Unidentified Vehicles
The Motor Accident Injuries Act 2017 governs CTP claims in NSW. If the at-fault driver cannot be identified, the claim falls under the 'Nominal Defendant' scheme, which covers injuries caused by unidentified drivers. This means you can still claim for your injuries, regardless of who caused the accident. SIRA (State Insurance Regulatory Authority) administers these claims, and your compensation will depend on the nature of your injuries, not the fault of the driver.
Evidence Needed for a Hit-and-Run Claim
To support your claim, gather evidence such as:
- Medical records showing your injuries and treatment
- Police reports from the incident
- Witness statements or contact details
- Photographs of the accident scene and your injuries
- Any vehicle registration or license plate information you could locate
SIRA’s guidelines emphasize that evidence must demonstrate a connection between the accident and your injuries. For example, if you were hit by a car and later diagnosed with a soft-tissue injury, your medical records must link the injury to the collision.
Time Limits and Dispute Options
You have 52 weeks from the date of the accident to claim benefits for threshold injuries (such as whiplash or soft-tissue damage) under the CTP scheme. If your injuries are more severe, you may still have longer to claim, but time limits apply. If your claim is disputed, you can request a review by SIRA or seek legal advice to challenge the decision.
Example: A Pedestrian’s Claim
Imagine a pedestrian in Ballina is hit by a car that flees the scene. They seek medical treatment for a sprained ankle and submit their records to SIRA. The police report confirms the collision, and the pedestrian provides witness statements. SIRA assesses the claim based on the evidence, and the pedestrian receives weekly benefits for 52 weeks. If their injury worsens later, they may reapply for additional support.
Next Steps
If your circumstances are unique, contact a legal professional to ensure your claim meets all requirements. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.