After a hit-and-run accident in New South Wales, victims must collect specific evidence to support a Compulsory Third Party (CTP) claim. The NSW CTP scheme requires documented proof of the accident, injuries, and vehicle details, even when the at-fault driver flees or cannot be identified. SIRA (State Insurance Regulatory Authority) evaluates claims based on available evidence, and incomplete records may affect compensation. This article explains what evidence to preserve, how SIRA handles missing information, and the legal steps to take after a hit-and-run.
What Evidence to Collect After a Hit-and-Run
Victims should document the accident scene, injuries, and vehicle details. Key evidence includes:
- Photos of the accident scene: Show vehicle damage, road conditions, and any visible license plate numbers.
- Witness statements: Obtain contact details from witnesses who saw the incident.
- Police reports: File a report with NSW Police to record the accident and any vehicle descriptions.
- Medical records: Document injuries and treatment, as medical evidence supports claims for treatment benefits or income loss.
- Vehicle details: Note the make, model, and color of the unidentified vehicle, even if the driver fled.
- Witness statements: Gather statements from bystanders or drivers who may have seen the vehicle or driver.
How SIRA Handles Claims with Missing Information
SIRA assesses claims based on the evidence available, even if the at-fault driver cannot be identified. For example, if a pedestrian is hit and the vehicle flees, SIRA may still process a claim using witness accounts, CCTV footage, or vehicle registration databases. However, incomplete records may limit benefits. Under the Motor Accident Injuries Act 2017, claims for only threshold injuries (e.g., soft tissue damage) are generally limited to 52 weeks of weekly benefits and treatment payments. This applies if the injury does not meet the whole person impairment threshold.
Records Required for CTP Claims
To support a CTP claim for property damage or injury, victims must provide:
- Proof of ownership of damaged property (e.g., vehicle registration).
- Medical evidence of injuries, including treatment records and a doctor’s opinion on recovery time.
- Evidence of income loss, such as payslips or employer statements, if claiming weekly income payments.
- Police reports or other documentation showing the accident occurred.
Time Limits and Dispute Resolution
Claims must be submitted to SIRA within 52 weeks of the accident if the injury is a threshold injury. For more serious injuries, there is no strict time limit, but delays may affect the ability to claim treatment benefits. If a claim is disputed, victims can request a review through SIRA or escalate to the NSW Civil and Administrative Tribunal (NCAT).
When to Seek Legal Advice
While SIRA provides a pathway for claims, complex cases may require legal assistance. A solicitor can help navigate disputes, ensure all evidence is submitted, and challenge decisions that unfairly limit benefits. Legal advice is particularly useful if the claim involves multiple injuries, long-term care needs, or disputes over fault.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.