Understanding Hit-and-Run Claims in NSW
If you were injured in a motor accident in New South Wales and the driver who caused the collision fled the scene or cannot be identified, you may still be entitled to compensation under the state’s Compulsory Third Party (CTP) insurance scheme. This is governed by the Motor Accident Injuries Act 2017, which ensures that people injured in motor accidents can access support regardless of whether the at-fault driver is known. The scheme is administered by the State Insurance Regulatory Authority (SIRA), which oversees claims for injuries resulting from motor vehicle incidents across NSW.
How SIRA Handles Unidentified Vehicles
When the responsible vehicle is not identified, SIRA still processes claims based on the injury and circumstances, not on the identity of the driver. The CTP insurer is legally required to provide benefits to eligible claimants, even if the at-fault vehicle remains unknown. This means that a hit-and-run accident does not automatically disqualify you from receiving compensation. SIRA’s role is to assess whether the injury occurred in a motor accident and whether the claim meets the criteria under the Motor Accident Injuries Act 2017.
What Compensation Is Available After a Hit-and-Run Accident
You may be entitled to several types of benefits under the CTP scheme, including:
- Treatment and care benefits to cover reasonable and necessary medical and allied health treatment
- Weekly income payments if you are unable to work due to your injuries
- A lump sum for permanent impairment if you have a whole person impairment (WPI) of 10% or more
- A damages claim for non-economic loss (such as pain and suffering) if your injury meets the threshold for serious injury
These benefits are available regardless of whether the driver who caused the accident is identified, as long as the injury occurred in a motor accident and the claim is made within the applicable time limits.
Practical Steps to Take After a Hit-and-Run Accident
Immediate action increases your chances of a successful claim. The following steps are essential:
- Report the accident to the police as soon as possible. A police report is critical evidence, even if no charges are laid.
- Seek medical attention immediately and keep all records of treatment, including prescriptions, therapy notes, and medical certificates.
- Document the scene: take photographs of any damage to your vehicle, the location, road conditions, and any visible evidence such as debris or skid marks.
- Gather contact details from any witnesses who saw the incident.
- Notify your CTP insurer or SIRA as soon as you are able, even if you do not yet have all the details.
Failure to report the accident to police or to notify the insurer within a reasonable time may affect your claim, so prompt action is essential.
Evidence That Supports a Hit-and-Run Claim
Sufficient evidence is required to establish that a motor accident occurred and that you sustained injuries as a result. Key evidence includes:
- A police report confirming the incident and noting that the driver fled
- Medical records showing the timing and nature of your injuries
- Photographs of the scene and vehicle damage
- Witness statements describing the event
- Surveillance footage from nearby cameras, which may capture the vehicle
- Repair invoices and estimates that show damage consistent with a collision
SIRA will assess the strength of the evidence to determine whether the claim is valid. The absence of a driver’s name does not prevent a claim, but it does require stronger circumstantial evidence to establish the accident occurred.
Real-World Example: A Cyclist Injured in a Hit-and-Run in Sydney
A cyclist was struck by a vehicle while riding on a bike path in North Sydney. The driver did not stop and fled the scene. The cyclist sustained a fractured wrist and soft tissue injuries to the neck and back. Police were called and a report was filed. The cyclist sought medical treatment within 24 hours and provided all medical records to SIRA. Surveillance footage from a nearby shop showed a dark-coloured sedan speeding away from the scene. The claim was accepted, and the cyclist received treatment and care benefits, weekly income payments for 12 weeks, and a lump sum for a 12% WPI. The claim was not denied because the driver was not identified.
Time Limits and Procedural Requirements
There are time limits for making a claim under the CTP scheme. You must notify your CTP insurer or SIRA within 3 years of the accident date. This is a strict deadline, and missing it may prevent you from receiving benefits. Additionally, you must provide all required evidence within a reasonable time after the accident. Delays in reporting or submitting documentation may result in a claim being rejected or delayed.
If your claim is denied, you have the right to request a review from SIRA or apply to the NSW Civil and Administrative Tribunal (NCAT) for a decision. The review process allows you to present additional evidence or clarify details.
When to Seek Independent Advice
While the CTP scheme provides automatic entitlements for many injuries, complex cases involving serious or threshold injuries may require legal advice. You should consider seeking independent advice if:
- Your injury is classified as a threshold injury (such as a soft tissue injury to the neck or back) and you wish to pursue damages
- You believe the insurer has made an incorrect assessment of your impairment or income loss
- You are unsure whether your claim is time-barred or whether you have a valid basis for a damages claim
SIRA provides information and guidance, but it does not represent you in disputes. Legal advice can help you understand your rights and ensure your claim is properly supported.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.