Understanding Hit-and-Run Claims in NSW
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 involved in a motor accident on the Central Coast where the at-fault driver fled the scene or cannot be identified, you may still be entitled to compensation under the NSW Compulsory Third Party (CTP) insurance scheme. The Motor Accident Injuries Act 2017 provides a legal framework for claims involving unidentified vehicles. You are not required to identify the driver to make a claim, but you must provide evidence that a motor vehicle caused your injury and that you were a participant in a motor accident. This is a key distinction: a hit-and-run does not automatically bar you from compensation, but the burden of proof lies with you to establish the accident occurred and that you sustained injuries as a result.
Critical Evidence to Preserve After a Hit-and-Run
After a hit-and-run accident, preserving evidence is essential to support your claim. The following records and items are typically required by the insurer or the State Insurance Regulatory Authority (SIRA) to assess your claim:
- A detailed account of the incident, including the time, date, location (including street name and suburb on the Central Coast), weather conditions, and road conditions.
- Photographs or video footage of the scene, including any damage to your vehicle, road markings, traffic signs, and surrounding environment. If you have a mobile phone, use it to capture images immediately after the accident.
- Medical records from the time of the accident through to recovery, including emergency department notes, diagnostic imaging reports (X-rays, MRIs), and ongoing treatment notes from your medical practitioner.
- A record of all out-of-pocket expenses related to the accident, such as medical transport, medication, and replacement of damaged personal property.
- Any witness contact details, including names, phone numbers, and statements about what they observed. Even if a witness did not see the vehicle, their statement about your condition immediately after the accident may be useful.
- A copy of the police report, if one was filed. While not mandatory, a police report can provide an official record of the incident and may assist in identifying the vehicle later.
How SIRA Handles Unidentified Vehicle Claims
SIRA administers the CTP scheme in NSW and manages claims where the at-fault driver is unknown or has fled. Under the Motor Accident Injuries Act 2017, you can claim benefits even if the driver is not identified. The insurer must assess your claim based on the evidence you provide. If the insurer disputes your claim, you may request a review or apply to the NSW Civil and Administrative Tribunal (NCAT) for a decision.
SIRA’s guidelines state that claims involving hit-and-run incidents are assessed on the same basis as other motor accident claims. The focus is on whether you were injured in a motor accident and whether you have sustained a threshold injury, as defined by the Motor Accident Guidelines. If your injuries are below the threshold, you may still receive treatment and care benefits and weekly income payments, but you cannot claim damages for pain and suffering unless you meet the threshold requirements.
Time Limits and Procedural Steps
There are time limits that apply to motor accident claims in NSW. You must notify your insurer within 60 days of the accident, although this period may be extended in some circumstances. It is advisable to notify the insurer as soon as possible to preserve your rights.
If you are claiming for damages, you must have a medical assessment to determine your whole person impairment (WPI) and whether you meet the threshold for damages. The threshold injury criteria are strict and require evidence of a permanent impairment. The Motor Accident Guidelines set out the clinical standards for assessing injuries such as whiplash, spinal injuries, and other soft-tissue injuries. For example, a spinal nerve-root injury that causes neurological signs other than radiculopathy may still qualify as a threshold injury, but radiculopathy requires specific clinical signs to be met.
When to Seek Independent Advice
While the CTP scheme is designed to provide prompt support, the process can be complex, particularly when the at-fault driver is not identified. Disputes may arise over the extent of your injuries, the value of your claim, or whether you have met the threshold for damages. If your claim is denied or you believe the offer is inadequate, you may need to seek independent legal advice.
A hypothetical example: A cyclist on the Central Coast was struck from behind by a vehicle that did not stop. The cyclist sustained a neck injury and required ongoing physiotherapy. They immediately reported the incident to police, took photographs of the scene and their damaged bicycle, and obtained medical treatment. Their insurer accepted the claim and provided treatment and care benefits. After a medical assessment confirmed a WPI of 15%, they were able to claim damages for pain and suffering under the threshold rules.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.