If you've been injured in a hit-and-run accident in New South Wales, time is critical. Under NSW law, you may still claim compensation through the Compulsory Third Party (CTP) scheme even if the at-fault driver cannot be identified. This article explains your rights, the steps to take immediately after an accident, and how to pursue a claim with the State Insurance Regulatory Authority (SIRA).
Immediate Actions After a Hit-and-Run
After a hit-and-run, your first priority should be safety and medical care. Call emergency services if you or others are injured. Next, contact the police to report the incident and obtain a crime reference number. This number is essential for claiming compensation under the Motor Accident Injuries Act 2017 (MAIA). Document the scene by taking photos of damage, skid marks, and any visible details of the fleeing vehicle. If possible, note the time, location, and weather conditions.
How SIRA Handles Unidentified Vehicle Claims
SIRA manages CTP claims in NSW, including those involving unidentified vehicles. While the at-fault driver is not required to be identified for a claim to proceed, you must still provide evidence of the accident and injuries. SIRA will assess your claim based on the available information, such as police reports, medical records, and witness statements. If the vehicle is later identified, the claim may be transferred to the driver’s insurer.
Time Limits and Dispute Options
You have 90 days from the date of the accident to report a claim to SIRA under the MAIA. If you fail to report within this period, you may lose your right to claim compensation. For disputes over claim value or eligibility, you can request a review through SIRA’s internal process or seek mediation. In complex cases, legal advice may be necessary to challenge a decision.
Evidence to Support Your Claim
To strengthen your claim, gather the following evidence:
- Medical records confirming injuries and treatment
- Police reports with details of the accident and crime reference number
- Witness statements or contact information
- Photographs of the accident scene and vehicle damage
- Income records if you’ve lost earnings due to the injury
Example Scenario
A cyclist in Western Sydney is struck by a car that flees the scene. They seek medical attention for whiplash and bruising. The police report notes the vehicle was a dark sedan with no license plate. The cyclist submits a claim to SIRA, providing medical evidence and the crime reference number. SIRA approves a weekly income payment while the cyclist recovers.
When to Seek Legal Advice
While SIRA handles most claims, complex cases, such as disputes over injury severity or overlapping workers’ compensation claims, may require legal assistance. A solicitor can help navigate disputes, challenge denied claims, or ensure you meet all procedural deadlines.
Next Steps
CTP claims depend on the date of the accident, the nature of injuries, and evidence collected. To request contact about your circumstances, complete the quick, no obligation enquiry form.