Understanding Hit-and-Run Claims in NSW
If you were involved in a motor accident in Greater Sydney and the at-fault driver fled the scene or cannot be identified, you may still be eligible for compensation under the NSW Compulsory Third Party (CTP) insurance scheme. This claim is governed by the Motor Accident Injuries Act 2017 (MAIA), which provides for compensation even when the responsible vehicle is not identified. The key to a successful claim lies in preserving and gathering evidence that supports your injury, the accident’s occurrence, and the impact on your life.
Evidence That Matters for Unidentified Vehicle Claims
When the at-fault vehicle is not identified, the burden of proof shifts to you to demonstrate that a motor accident occurred, that you sustained injuries as a result, and that those injuries are linked to the event. The following records and evidence are critical to support your claim:
- A detailed account of the accident, including time, date, location (including suburb and road name), weather, and road conditions.
- Photographs or video footage of the scene, vehicle damage, road markings, and any visible injuries.
- Medical records from the time of the accident, including emergency department notes, diagnostic imaging reports (X-rays, MRI), and ongoing treatment notes.
- A statement from a witness, if available, including their name, contact details, and description of what they observed.
- A police report, if one was filed. Even if no suspect was identified, a report may contain useful details about the scene and initial findings.
- Records of any lost income, including payslips, employer letters, or tax returns, if you were unable to work.
- A diary or log of your symptoms, pain levels, and how the injury has affected your daily activities, work, and family life.
How SIRA Handles Unidentified Vehicle Claims
The State Insurance Regulatory Authority (SIRA) administers the CTP scheme in NSW. Under the MAIA, a claim can proceed even if the at-fault vehicle is not identified. SIRA will assess your claim based on the evidence you provide, including medical evidence of injury and proof of the accident’s occurrence.
If you have sustained a threshold injury, such as a soft tissue injury to the neck or back, you may be eligible for treatment and care benefits and weekly income payments. However, if your only injuries are threshold injuries, the weekly benefits are generally limited to 52 weeks under section 4.4 of the MAIA, unless you can demonstrate a longer recovery period or a permanent impairment.
SIRA may also consider a claim for damages if you have a permanent impairment of 10% or more, as assessed under the Motor Accident Guidelines. This assessment is based on a medical evaluation of your whole person impairment (WPI), not just the injury type.
Time Limits and Procedural Steps
There is a time limit to make a claim under the CTP scheme. You must notify your insurer or SIRA within 3 years of the accident date. This deadline is strict and cannot be extended unless exceptional circumstances apply, which are rare.
The first practical step is to seek medical attention immediately after the accident, even if injuries are not immediately apparent. Delayed symptoms are common in soft tissue injuries. Document all medical visits and treatments.
Next, contact SIRA or your insurer to begin the claims process. You can do this online through the SIRA website or by calling their claims line. You must provide all available evidence, including the records listed above.
If your claim is denied or you believe the offered compensation is inadequate, you may request a review from SIRA or apply to the NSW Civil and Administrative Tribunal (NCAT) for a decision. The review process may require additional medical evidence or a formal assessment.
A Realistic Example
A cyclist in North Sydney was struck by a vehicle that did not stop. The cyclist sustained a neck injury and required physiotherapy and time off work. They had a photograph of the damage to their bike, a statement from a passerby who saw the vehicle speed away, and medical records confirming a soft tissue injury. They reported the incident to police and submitted a claim to SIRA. After a medical assessment confirmed a 12% WPI, they were awarded damages for pain and suffering, in addition to treatment and care benefits and weekly payments.
When to Seek Independent Advice
Every claim depends on its own facts. The available benefits, eligibility for damages, and the strength of your evidence will vary based on injury type, recovery time, and the details of the accident. If you are unsure whether you have a valid claim, or if your claim has been denied, you should seek independent legal advice.
The process of gathering and presenting evidence can be complex, particularly when the at-fault vehicle is not identified. A qualified legal professional can help you understand your rights, ensure your evidence is properly documented, and assist with any dispute or review.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.