You may be eligible for compensation under the NSW Compulsory Third Party (CTP) scheme even if the driver who caused your injury fled the scene and cannot be identified. The Motor Accident Injuries Act 2017 (MAIA) provides a pathway for claims in these circumstances, as long as your injury meets the legal criteria for coverage. This article explains how the scheme applies to hit-and-run incidents, what you must prove to claim benefits, and the practical steps to take.
Eligibility for Compensation in Unidentified Vehicle Accidents
The NSW CTP scheme covers injuries caused by motor vehicles, regardless of whether the driver is identified. This means you can claim benefits if you were struck by a vehicle that left the scene. The scheme is administered under the MAIA, which replaced the Motor Accidents Compensation Act 1999 for accidents occurring on or after 1 December 2017.
To qualify for benefits, your injury must be classified as a threshold injury or higher. A threshold injury includes soft tissue injuries such as whiplash, or certain spinal nerve-root injuries that produce neurological signs other than radiculopathy. The definition of threshold injury under MAIA s 1.6 includes soft tissue injuries and specifies that a spinal nerve-root injury may still qualify even if it does not result in radiculopathy.
If your injury is a threshold injury, you may be entitled to treatment and care benefits, weekly income payments, or lump sum damages, depending on the severity and long-term impact. However, if your only injuries are threshold injuries, weekly benefits and treatment and care benefits generally cease after 52 weeks, as provided under MAIA ss 3.11 and 3.28.
Evidence Required to Support Your Claim
You must provide evidence that the accident occurred, that you sustained an injury, and that the injury resulted from the motor vehicle incident. The absence of the at-fault driver’s identity does not prevent a claim, but it does require stronger supporting evidence.
Key documents include:
- A police report confirming the accident and the driver’s failure to stop
- Medical records detailing your injuries, treatment, and diagnosis
- Photographs of the accident scene, vehicle damage, and any visible injuries
- Witness statements or contact details, if available
- Proof of income to support claims for weekly payments
CCTV footage, traffic camera recordings, or other independent evidence may also be used to establish the circumstances of the accident, particularly if the incident occurred in a car park, driveway, or private property. These locations are not automatically excluded from coverage, but the legal character of the location and the use of the vehicle at the time may affect eligibility.
Time Limits and Claim Process
You must notify the insurer or SIRA of your injury within 52 weeks of the accident. This deadline applies to all CTP claims under the MAIA, including those involving unidentified vehicles. Failure to meet this deadline may result in the loss of entitlement to certain benefits, including treatment and care, weekly payments, and damages.
If your injury is not immediately apparent, you may still have time to claim if you seek medical assessment within 52 weeks. The 52-week period begins from the date of the accident, not from when symptoms first appeared.
If your claim is denied or you believe the offered benefits are inadequate, you may request a review from SIRA or apply to the NSW Civil and Administrative Tribunal (NCAT) for a determination. Disputes over the extent of injury, the classification of a threshold injury, or the availability of benefits may require formal review.
When to Seek Legal Advice
While the CTP scheme provides a structured process for claims, the legal requirements and evidentiary standards can be complex. Legal advice may be necessary if:
- Your injury involves long-term consequences such as chronic pain, reduced mobility, or ongoing treatment
- The accident occurred in a car park, driveway, or private property, where the legal status of the location may affect coverage
- There is a dispute over whether your injury qualifies as a threshold injury
- You believe the insurer has undervalued your claim or failed to provide full benefits
A solicitor can help you gather and present evidence, ensure all documentation is properly submitted, and represent you in a review or tribunal process if needed.
Example Scenario
A cyclist was struck by a vehicle at night while riding on a suburban road. The driver fled the scene. The cyclist sustained a soft tissue injury to the neck and required medical treatment. A police report was filed, and medical records confirmed the injury was consistent with whiplash. The cyclist submitted a claim under the CTP scheme. As the injury was a threshold injury, they received treatment and care benefits for 52 weeks. After that period, they were assessed as having a whole person impairment of 10 per cent, which allowed them to claim lump sum damages for permanent impairment.
Next Steps
The available options under the CTP scheme depend on the facts of your accident, the nature of your injury, and the evidence you can provide. Time limits and procedural requirements may apply. To request contact about your circumstances, complete the quick, no obligation enquiry form.