How to Claim Compensation After a Hit-and-Run in NSW
Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
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 hit-and-run accident in the Illawarra or South Coast regions of New South Wales and the at-fault driver cannot be identified, you may still be eligible for compensation through the NSW Compulsory Third Party (CTP) scheme. This article explains how the scheme applies to unidentified vehicles, outlines practical steps to take, and highlights key considerations for claimants.
Legal Framework for Hit-and-Run Claims
Under the Motor Accident Injuries Act 2017, the NSW CTP scheme covers injuries caused by motor vehicles, including hit-and-run incidents. SIRA (State Insurance Regulatory Authority) administers claims under this scheme. If the at-fault driver flees the scene or cannot be identified, claimants can still pursue compensation by:
- Reporting the incident to police
- Filing a claim with SIRA using the available evidence
- Demonstrating that the accident involved a motor vehicle
SIRA does not require identification of the at-fault driver to process a claim, but it must be shown that the injury resulted from a motor vehicle accident. This applies regardless of whether the accident occurred on a road, car park, or private property.
Practical Steps and Evidence for Claimants
After a hit-and-run, take the following actions to support your claim:
- Secure medical evidence - Obtain immediate medical attention and document all injuries. Medical records are critical to proving the injury's connection to the accident.
- Preserve accident details - Gather evidence such as:
- Police reports
- Witness statements
- Photographs of the scene and vehicle damage
a - Surveillance footage
- Notify SIRA - Submit a claim through SIRA’s online portal or by contacting their claims team. Claims must be submitted within 52 weeks of the accident, unless an extension applies.
- Keep records of income loss - If the injury affects your ability to work, retain payslips, tax records, and any evidence of lost wages.
Time Limits and Dispute Resolution
Claims under the NSW CTP scheme must be submitted within 52 weeks of the accident. If the injury is a 'threshold injury' (as defined by the Motor Accident Guidelines), benefits may be limited after this period. For non-threshold injuries, claims can continue beyond 52 weeks if the injury meets the whole person impairment threshold.
If SIRA disputes your claim, you may need to:
- Request a review of the decision
- Seek independent medical opinions
- Consider mediation through the NSW Civil and Administrative Tribunal (NCAT) if necessary
Example: Hit-and-Run in Wollongong
A cyclist in Wollongong was struck by a car that fled the scene. The cyclist sustained soft-tissue injuries and required medical treatment. SIRA processed the claim based on:
- Police reports confirming the vehicle fled
- Witness accounts placing the accident near the Wollongong CBD car park
- Medical records showing injuries consistent with a motor vehicle impact
The claimant received treatment and income support under the CTP scheme, even though the at-fault driver could not be identified.
When to Seek Legal Advice
While SIRA handles most claims, complex cases may require legal assistance. Consider consulting a solicitor if:
- The injury involves long-term impairment
- The claim is disputed by SIRA
- You need help navigating time limits or evidence requirements
Next Steps
CTP claims depend on the specific facts of each case. To request contact about your circumstances, complete the quick, no obligation enquiry form.