If you've been injured in a hit-and-run accident in New South Wales, time is critical. Under the Motor Accident Injuries Act 2017 (MAIA), you may be eligible for compensation through the NSW Compulsory Third Party (CTP) scheme, even if the at-fault driver cannot be identified. This article explains your legal options, evidence requirements, and urgent steps to take after a hit-and-run.
How the NSW CTP Scheme Handles Unidentified Vehicles
The MAIA governs CTP claims in NSW. If the driver flees the scene, the claim falls under the Unidentified Driver Scheme, which allows injured road users to seek compensation through the State Insurance Regulatory Authority (SIRA). This applies regardless of whether the driver was a registered car owner, a licensed driver, or a commercial vehicle operator.
SIRA manages claims under the MAIA, which means you don’t need to contact the at-fault driver’s insurance company directly. Instead, you must notify SIRA within 52 weeks of the accident to access benefits like weekly income payments or treatment and care benefits. This 52-week deadline applies to claims involving threshold injuries (soft tissue injuries meeting specific medical criteria). If your injuries exceed this threshold, you may still qualify for long-term compensation.
Immediate Steps to Take After a Hit-and-Run
- Seek medical attention immediately. Even minor injuries must be documented by a medical practitioner to qualify for benefits. Delayed treatment may affect your claim.
- Report the incident to police. A police report provides critical evidence, especially if the driver cannot be identified. Include details like the time, location, and vehicle description.
- Preserve evidence. Gather witness statements, photographs of the scene, and any visible damage to your vehicle. If you were a pedestrian or cyclist, note the vehicle’s make, model, and colour.
- Notify SIRA within 52 weeks. Visit SIRA’s claim portal to submit your claim. You’ll need to provide medical records, accident details, and proof of income if you’re seeking weekly payments.
Evidence That Matters for a Hit-and-Run Claim
SIRA requires specific evidence to support your claim under the MAIA. Key documents include:
- Medical records confirming your injuries (e.g., from a registered medical practitioner)
- Accident report from police or a witness
- Photographs of the vehicle, road markings, or damage
- Witness contact details (if available)
- Proof of income (e.g., payslips) if you’re claiming weekly benefits
If your injuries meet the threshold injury criteria (e.g., soft tissue injuries with neurological signs), you may qualify for treatment and care benefits. However, if your injuries are more severe, you may be eligible for a whole person impairment assessment to determine long-term compensation.
Time Limits and When to Seek Advice
Under the MAIA, you have 52 weeks from the accident date to claim certain benefits. If you fail to notify SIRA within this period, you may lose access to weekly income payments. However, this deadline does not apply to claims involving permanent impairment or lifetime care needs.
If you’re unsure whether your claim qualifies, seek legal advice immediately. While SIRA handles most claims, complex cases (e.g., disputes over injury severity or overlapping workers’ compensation claims) may require a solicitor to navigate the MAIA’s rules.
Example Scenario
Consider a pedestrian hit by a car at a car park. If the driver flees and cannot be identified, the pedestrian can claim through SIRA. Medical records confirming soft tissue injuries (e.g., whiplash) would qualify for weekly payments. If the injuries later meet the threshold for a whole person impairment assessment, the claim could shift to a long-term compensation pathway.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.