If you have been injured in a hit-and-run accident involving an unidentified vehicle in NSW, you may be entitled to compensation under the Compulsory Third Party (CTP) insurance scheme. This applies regardless of whether you were a driver, passenger, pedestrian, cyclist or motorcyclist. The first steps you take after the incident are critical to preserving your rights. You must report the accident to police, seek medical treatment, and notify the CTP insurer as soon as possible. These actions help establish the facts and ensure you can access benefits for treatment, care, and lost income.
Report the Accident to Police
Contact NSW Police immediately after a hit-and-run incident. Provide a detailed account of the time, location, and any description of the vehicle, including colour, make, or registration number if visible. A police report is essential evidence for your claim. Without it, your ability to access CTP benefits may be significantly affected. Police may also conduct a search for the vehicle, and their investigation record may be used to support your claim.
Seek Medical Attention and Document Your Injury
Even if you feel only minor pain, see a medical practitioner as soon as possible. A diagnosis and treatment record are required to prove the injury occurred as a result of the accident. For injuries such as soft tissue damage, including whiplash or muscle strain, the Motor Accident Injuries Act 2017 defines a threshold injury as a soft tissue injury that results in a permanent impairment of 10% or more, or a spinal nerve-root injury that produces neurological signs other than radiculopathy. If your injury is classified as a threshold injury, you may only be eligible for treatment and care benefits and weekly income payments for up to 52 weeks, unless you have a whole person impairment of 10% or more.
Notify the CTP Insurer and Apply for Benefits
You must notify the CTP insurer of the accident. The insurer is responsible for the vehicle that caused the injury, even if the driver is unidentified. You can apply for benefits through the State Insurance Regulatory Authority (SIRA) online or by post. You will need to provide a completed claim form, medical evidence, and any supporting documents such as a police report or photos of the scene. The insurer will assess your claim and determine your entitlement to weekly income payments, treatment and care benefits, or damages.
Understand Your Entitlements Under the CTP Scheme
Under the CTP scheme, you may be entitled to:
- Weekly income payments if you are unable to work due to your injury.
- Treatment and care benefits to cover medical and allied health services, including physiotherapy, counselling, and rehabilitation.
- Compensation for pain and suffering if your injury results in a whole person impairment (WPI) of 10% or more, or if you have a threshold injury that meets the criteria in the Motor Accident Guidelines.
If your only injuries are threshold injuries, weekly benefits and treatment and care benefits generally cease after 52 weeks, as provided under the Motor Accident Injuries Act 2017, sections 3.11 and 3.28. This means you may not be able to claim for ongoing treatment or income loss beyond that period unless you have a WPI of 10% or more.
Gather and Preserve Evidence
Collect and keep all records related to the accident and your recovery. This includes:
- Medical reports and treatment notes.
- Photographs of your vehicle, the scene, and any visible injuries.
- Witness contact details and statements.
- A copy of the police report.
- Records of lost income, such as payslips or employer letters.
These documents may be required if your claim is disputed or if you need to apply for damages. Do not alter or destroy any evidence. If you are unable to obtain a police report, you may still be able to claim, but your evidence must be strong and consistent.
When to Seek Independent Advice
The CTP scheme is designed to provide prompt access to benefits, but claims can become complex. If your injury is long-term, your insurer disputes the extent of your impairment, or you believe you have a WPI of 10% or more, you may need to seek advice from a solicitor. A legal professional can help you understand your rights, review your medical evidence, and assist in applying for damages if appropriate. However, you are not required to have legal representation to make a claim.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.