If you were involved in a hit-and-run accident in Balmain, NSW, collecting and preserving evidence is critical to support your CTP claim. Under NSW law, you may still claim compensation even if the at-fault driver cannot be identified. This article explains the evidence you should gather, how to document it, and how these steps impact your claim under the Motor Accident Injuries Act 2017.
What Evidence Supports a Hit-and-Run Claim?
To pursue a CTP claim after a hit-and-run, you must provide evidence that your injury was caused by a motor vehicle accident. Key records include:
- Medical documentation: Records from doctors, physiotherapists, or specialists confirming your injury and its connection to the accident.
- Accident scene details: Photos of the vehicle’s location, damage, and any visible license plate numbers. Note the time, date, and location of the incident.
- Witness statements: Statements from anyone who saw the accident, including drivers, pedestrians, or cyclists.
- Police reports: Contact local police to document the incident. Their report may include details about the vehicle’s description or any ongoing investigations.
- Vehicle information: If possible, note the make, model, and color of the vehicle. If the vehicle had a green slip, this may help identify the at-fault driver.
- Insurance records: If you were involved in another accident or have a claim with your own insurer, provide details of your policy and any correspondence.
How to Document and Preserve Evidence
After a hit-and-run, act quickly to preserve evidence:
- Secure medical care: Visit a medical practitioner immediately to document your injuries. Delaying treatment may weaken your claim.
- Photograph the scene: Take clear photos of the accident location, any damage to your vehicle, and the surrounding area.
- Record witness details: Note the names, contact information, and statements of witnesses. If possible, obtain their contact details to follow up.
- Keep all correspondence: Save emails, letters, or messages with your insurer, medical providers, or police.
- Report the incident: Contact the NSW Police Force or your local police station to report the hit-and-run. This creates an official record.
Legal Implications of Incomplete Evidence
If your evidence is incomplete, your claim may be delayed or rejected. For example, if you cannot prove the injury was caused by a motor vehicle accident, your claim may fail. Under the Motor Accident Injuries Act 2017, you must demonstrate that your injury meets the threshold injury criteria (e.g., soft tissue injuries, fractures, or neurological damage) to qualify for benefits.
If your injury is a threshold injury, you may receive weekly income benefits and treatment and care benefits for up to 52 weeks. After this period, benefits may stop unless your injury meets the whole person impairment (WPI) threshold. However, if the at-fault driver cannot be identified, your claim may still proceed under the CTP scheme.
Time Limits and Dispute Options
You have five years from the date of the accident to make a CTP claim under the Motor Accident Injuries Act 2017. However, if your injury is a threshold injury, you may need to file your claim within five years of the injury date. Always check the exact date of your accident to ensure compliance.
If your claim is disputed, you may need to:
- Request a review: Contact the insurer or the NSW Motor Accident Claims Authority (SIRA) to challenge the decision.
- Seek legal advice: A solicitor can help you navigate disputes, especially if your claim involves complex injuries or disputes over fault.
When to Seek Advice
If you are unsure whether your evidence supports a claim, or if your injury may fall below the threshold, contact a legal professional. Incomplete or delayed evidence can weaken your case, especially if the at-fault driver cannot be identified.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.