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).
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 still be eligible for compensation under NSW's Compulsory Third Party (CTP) scheme. This article explains the legal steps you should take immediately after the incident, how the State Insurance Regulatory Authority (SIRA) handles such claims, and what compensation you may be entitled to.
Immediate Actions After a Hit-and-Run
After a hit-and-run, your first priority is to ensure your safety and preserve evidence. Call emergency services (000) if you're injured or need medical attention. If you're not hurt, contact the police to report the incident. Provide details such as the time, location, vehicle description, and any witnesses. SIRA requires a police report to process claims involving unidentified drivers.
You should also document the scene by taking photographs of damage, skid marks, and any visible license plates. If possible, note the weather conditions and road signs. These details can help SIRA assess your claim and determine the at-fault driver's identity.
How SIRA Handles Claims with Unidentified Drivers
SIRA manages CTP claims under the Motor Accident Injuries Act 2017. If the at-fault driver is unidentified, SIRA will attempt to locate them using police records, vehicle registration databases, and other available resources. If the driver cannot be identified, the claim proceeds under the 'blameless accident' provisions of the scheme.
Under these rules, you may still claim compensation for injuries, medical treatment, and lost income. SIRA will assess your claim based on the evidence, including medical records and police reports. If the driver is later identified, the claim may be transferred to their insurer, but this does not affect your entitlement to compensation.
Compensation Available for Hit-and-Run Claims
Under the CTP scheme, you may claim:
- Medical treatment and care benefits for injuries, including physiotherapy and specialist consultations.
- Weekly income payments if your injury prevents you from working.
- Lump sum compensation for permanent impairments or long-term disabilities.
- Consequential damages such as travel expenses for medical appointments.
If your injuries are classified as a 'threshold injury' (e.g., soft tissue injuries with neurological signs), you may receive weekly benefits for up to 52 weeks. More severe injuries may qualify for long-term or lump sum payments. SIRA uses the Motor Accident Guidelines to assess the severity of injuries.
Time Limits and When to Seek Advice
You have three years from the date of the accident to make a CTP claim under NSW law. However, delays can complicate your case. For example, if you wait too long to report the incident, SIRA may not be able to locate the at-fault driver, affecting your ability to claim.
If you're unsure about your options or need help gathering evidence, seek legal advice early. A solicitor can help you understand your rights, ensure all documentation is complete, and challenge any refusal of a claim.
Example Scenario
Imagine you're a pedestrian on the Central Coast who is hit by a car that flees the scene. You suffer a sprained ankle and require medical treatment. SIRA will assess your claim based on your medical records, the police report, and the vehicle's description. Even without the driver's details, you may receive weekly payments for your injury and compensation for lost income.
Next Steps
Time limits and procedural requirements can affect your claim. To request contact about your circumstances, complete the quick, no obligation enquiry form.