A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
If you were injured in a hit-and-run accident in Greater Sydney and the at-fault vehicle cannot be identified, you may still be eligible for compensation under the NSW Compulsory Third Party (CTP) scheme. This article explains how the scheme applies to unidentified vehicles, what evidence you need, and time limits for claims.
How the NSW CTP Scheme Handles Unidentified Vehicles
The NSW CTP scheme covers injuries caused by motor vehicles, regardless of fault, as long as the vehicle was registered in NSW or was uninsured. If the at-fault vehicle cannot be identified, you may still claim compensation if you can prove:
- The accident occurred on a NSW road or in a car park.
- The vehicle was uninsured or unregistered.
- You suffered injuries or losses as a result of the accident.
Under the Motor Accident Injuries Act 2017, claims for injuries caused by unidentified vehicles are treated the same as claims against identified drivers. However, you must report the incident to the police and provide evidence of the accident, such as witness statements, photographs, or a police report.
What Evidence Matters for a Hit-and-Run Claim
To support your claim, gather the following:
- Medical records showing injuries and treatment.
- Police report documenting the accident and vehicle details (if available).
- Witness statements or contact information.
- Photographs of the accident scene, vehicle damage, or injuries.
- Proof of income or expenses if you’re claiming weekly payments or additional benefits.
If the vehicle was uninsured, you may also need to provide evidence that the driver failed to register the vehicle or did not have insurance.
Time Limits for Claims
Claims under the NSW CTP scheme must be made within 3 years of the accident date. However, certain benefits, such as weekly income payments, are limited to 52 weeks if your injuries are classified as a 'threshold injury' under the Motor Accident Guidelines. If your injuries are more severe, you may be eligible for longer-term or lump sum compensation.
When to Seek Legal Advice
If the insurer disputes your claim or you’re unsure about your eligibility, seek advice from a solicitor or the NSW Civil and Administrative Tribunal (NCAT). Independent legal advice can help you understand your options and ensure your claim is processed correctly.
Example Scenario
Imagine you were hit by a car in a car park in Sydney and the driver fled. You have medical records showing soft-tissue injuries, a police report, and a witness who saw the vehicle. You apply to the CTP insurer, who investigates the vehicle’s registration. If the vehicle was uninsured, you may qualify for treatment and income support under the scheme.
If you’re unsure whether your circumstances fit the scheme’s requirements, complete the quick, no obligation enquiry form to request contact about your circumstances.