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 were injured in a hit-and-run accident in Balmain NSW and the at-fault driver cannot be identified, you may still be eligible for compensation under NSW’s Compulsory Third Party (CTP) scheme. This article explains the practical steps to take immediately after such an incident, how the CTP scheme handles unidentified vehicles, and what evidence is needed to support your claim.
Immediate Actions After a Hit-and-Run
After a hit-and-run, your first priority is to seek medical attention. Even if injuries seem minor, some symptoms may not appear for days. Visit a medical practitioner or hospital emergency department to document your condition. Save all medical records, as they will be critical for your claim.
Next, report the incident to the police. A police report can help establish the circumstances of the accident and confirm that the driver fled the scene. If possible, gather evidence such as:
- Photos of the accident scene, damaged vehicles, and any visible license plate numbers
- Witness contact details
- CCTV footage from nearby businesses or traffic cameras
- Statements from witnesses
Contact the NSW State Insurance Regulatory Authority (SIRA) to understand your options. SIRA administers the CTP scheme and can guide you on how to proceed when the at-fault driver is unknown.
How the CTP Scheme Handles Unidentified Vehicles
Under the Motor Accident Injuries Act 2017, the CTP scheme covers injuries caused by motor vehicles, regardless of fault. If the at-fault driver cannot be identified, the claim is still processed under the CTP scheme. This means you may still be eligible for benefits such as:
- Weekly income payments if you cannot work due to injuries
- Treatment and care benefits for medical expenses
- Compensation for pain, suffering, and loss of enjoyment of life
However, the claim must be based on the circumstances of the accident, not the identity of the driver. For example, if the accident occurred on a public road and the vehicle fled, the CTP scheme will still apply.
Evidence Needed for a Hit-and-Run Claim
SIRA guidelines require specific evidence to support a claim when the at-fault driver is unidentified. Key documents include:
- A completed claim form from SIRA’s website
- Police report confirming the hit-and-run
- Medical records showing injuries caused by the accident
- Evidence of financial loss, such as pay slips or bank statements
- Witness statements or CCTV footage
If your injuries are classified as a 'threshold injury' under the Motor Accident Guidelines, you may be limited to 52 weeks of weekly benefits. This applies only if your injuries are not severe enough to meet the whole person impairment threshold.
Time Limits and When to Seek Advice
The CTP scheme has strict time limits. You must notify SIRA of your claim within 52 weeks of the accident. If you wait longer, you may lose access to certain benefits. For claims involving long-term injuries or disputes over compensation, it is essential to seek legal advice promptly.
If you are unsure whether your claim qualifies, contact SIRA directly or consult a solicitor specialising in CTP claims. They can help you understand your options and ensure you meet all requirements.
Example Scenario
Consider a pedestrian hit by a car at night in Balmain. The driver fled before arriving at the scene. The pedestrian sustains a soft-tissue injury requiring medical treatment. Under the CTP scheme, they may claim weekly payments for lost income and treatment costs. However, if the injury does not meet the whole person impairment threshold, benefits will stop after 52 weeks.
Next Steps
If you were injured in a hit-and-run and need guidance on your options, take the following actions:
- Seek immediate medical attention
- Report the incident to the police
- Gather evidence such as photos and witness statements
- Contact SIRA to understand your claim options
- Consult a solicitor if your claim is complex or disputed
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.