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're involved in a hit-and-run accident in New South Wales and the at-fault driver cannot be identified, you may still be eligible for compensation under the Compulsory Third Party (CTP) scheme. This article explains how the NSW CTP rules apply to unidentified vehicle accidents, outlines practical steps to take, and highlights key considerations for regional NSW residents.
How the NSW CTP Scheme Works for Hit-and-Run Claims
The CTP scheme covers claims for injuries caused by motor vehicles, even if the at-fault driver flees the scene. Under the Motor Accident Injuries Act 2017, you can claim for injuries, medical treatment, and lost income if the accident meets the 'threshold injury' criteria. SIRA (State Insurance Regulatory Authority) administers these claims, and its guidance confirms that the driver’s identity is not required to pursue a claim. This means you can seek compensation even if the vehicle is unidentified, as long as you can prove the accident occurred and your injuries are related.
Practical Steps to Take After a Hit-and-Run Accident
- Seek immediate medical attention. Even if injuries seem minor, some soft-tissue injuries (like whiplash) may not show symptoms immediately. Document all medical treatments and keep records of all related expenses.
- Preserve evidence of the accident. Take photos of the scene, damaged vehicles, and any visible details like license plate numbers or vehicle make/models. If possible, note the time, location, and weather conditions.
- Notify the relevant insurer. If the vehicle was registered in NSW, contact the registered owner’s insurer. For unidentified vehicles, contact SIRA directly through its claims portal.
- Report the incident to police. A police report can strengthen your claim by providing an official record of the accident.
What You Can Claim Under the CTP Scheme
SIRA’s guidance outlines the types of compensation available, including:
- Medical treatment benefits for injuries like fractures, soft-tissue damage, or neurological issues.
- Weekly income payments if your injuries prevent you from working.
- Out-of-pocket expenses such as medical bills, travel costs, or home modifications.
If your injuries meet the 'threshold injury' definition (as outlined in the Motor Accident Guidelines), you may also be eligible for long-term benefits. However, if your injuries are below this threshold, benefits may be limited after 52 weeks.
Time Limits and Dispute Resolution
You have 52 weeks from the date of the accident to claim benefits for injuries that fall within the threshold. If your claim is disputed, SIRA provides a review process, and you may need to submit additional evidence or seek legal advice. In regional NSW, delays in accessing legal support or SIRA resources can sometimes affect claim timelines, so acting quickly is essential.
When to Seek Legal Advice
While many claims can be handled through SIRA’s online portal, complex cases, such as disputes over injury severity, overlapping workers’ compensation claims, or interstate vehicle involvement, may require legal assistance. A solicitor can help you navigate the process, ensure all evidence is properly submitted, and challenge any unfair decisions.
Example: A Regional NSW Hit-and-Run Scenario
Imagine a pedestrian in a rural car park is struck by a vehicle that flees the scene. The driver leaves no witnesses, and the vehicle is unregistered. Under the CTP scheme, the pedestrian can still claim for injuries like a fractured wrist or concussion, provided they can prove the accident occurred and the injuries are related. Medical records and a police report would be critical in this case.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.