If you were injured in a hit-and-run accident in Balmain 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 how the scheme works for unidentified vehicles, what evidence you need, and how to proceed.
How the NSW CTP Scheme Handles Hit-and-Run Claims
Under the Motor Accident Injuries Act 2017, the CTP scheme covers injuries caused by motor vehicles, even if the driver flees the scene. To claim, you must prove the accident occurred and that the vehicle was uninsured or unregistered. SIRA (State Insurance Regulatory Authority) manages these claims, and the process is the same as for identified drivers.
Key requirements include:
- A police report confirming the accident and the vehicle's uninsured status
- Medical evidence of injuries caused by the collision
- Proof of the accident location (e.g., CCTV, witness statements)
- Evidence the driver fled or could not be identified (e.g., police records, surveillance)
What You Can Claim
The CTP scheme covers:
- Medical treatment and care benefits for injuries, including physiotherapy and specialist consultations
- Weekly income payments if your injury prevents you from working
- Out-of-pocket expenses like transport to appointments
- Lump sum payments for permanent impairments or severe injuries
Threshold injuries (e.g., whiplash) are eligible, but benefits may reduce after 52 weeks unless you have a permanent impairment. Soft tissue injuries must meet specific neurological criteria under the Motor Accident Guidelines.
Practical Steps to Take After a Hit-and-Run
- Seek immediate medical attention to document injuries. Keep all medical records and bills.
- Report the accident to police and obtain a report confirming the vehicle's uninsured status.
- Collect evidence: Take photos of the scene, note witness details, and preserve CCTV footage.
- Notify SIRA directly to start your claim. You can apply online via the SIRA website.
Time Limits and Dispute Options
You have three years from the accident date to claim under the CTP scheme. However, certain benefits (like weekly payments) have a 52-week limit unless your injury results in a permanent impairment. If your claim is disputed, SIRA will review it based on medical evidence and police reports.
When to Seek Legal Advice
While the CTP scheme provides a pathway for unidentified vehicles, claims can be complex. A solicitor can help if:
- The at-fault driver's identity remains unknown despite police efforts
- You have ongoing injuries requiring long-term treatment
- You're unsure if your injuries meet the threshold for benefits
Example Scenario
Imagine a cyclist in Balmain is hit by a car that flees. Police confirm the vehicle was uninsured, and the cyclist has whiplash with neurological signs. They can claim medical treatment benefits and weekly payments, but these will reduce after 52 weeks unless the injury is later found to be a permanent impairment.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.