Immediate Steps After a Hit-and-Run Accident in NSW
If you are involved in a motor accident in NSW and the at-fault driver flees the scene or cannot be identified, you may still be entitled to compensation under the Compulsory Third Party (CTP) insurance scheme. This applies whether you were a driver, passenger, pedestrian, cyclist or motorcyclist in Greater Sydney. The first priority is to ensure your safety and seek medical attention if injured. Report the incident to the police immediately, even if no one was present at the scene. Provide details such as the time, location, direction of travel, and any description of the vehicle. Keep any evidence you collect, including photographs of damage, skid marks, or the surrounding area. These details are critical to support a claim.
How SIRA Handles Unidentified Vehicle Claims
The State Insurance Regulatory Authority (SIRA) administers the CTP scheme in NSW. If the responsible driver cannot be identified, you may still make a claim against the CTP insurer through the SIRA claims process. The law does not require you to identify the driver to access benefits. However, you must prove that the accident occurred and that you sustained injuries as a direct result. SIRA will assess your claim based on medical evidence, accident details, and the nature of your injuries. The claim is not dependent on fault in the traditional sense, as CTP insurance is designed to provide automatic coverage for injuries caused by motor vehicle accidents, regardless of who was at fault.
What Compensation Is Available After a Hit-and-Run in Greater Sydney
You may be entitled to several types of benefits under the Motor Accident Injuries Act 2017 (MAIA). These include:
- Treatment and care benefits to cover reasonable and necessary medical and allied health services
- Weekly income payments if you are unable to work due to injury
- A lump sum for permanent impairment if you have a whole person impairment (WPI) of 10% or more
- Damages for pain and suffering, loss of enjoyment of life, and other non-economic losses, but only if your injuries meet the threshold for damages
The availability of damages depends on whether your injuries are considered 'threshold' injuries under MAIA. If your only injuries are soft tissue injuries, such as whiplash, and you have not met the threshold (e.g., a WPI of 10% or more), you may not be eligible for damages. However, you can still receive treatment and care benefits and weekly income payments.
Practical Examples from Greater Sydney
- Example 1: Pedestrian struck in North Sydney - A 34-year-old woman was crossing the road at a pedestrian crossing in North Sydney when she was struck by a vehicle that immediately fled. She sustained a concussion and soft tissue injuries to her neck and back. She reported the incident to police and sought medical treatment within 24 hours. She submitted her claim to SIRA with medical reports, a police report, and photographs of the scene. She was approved for treatment and care benefits and weekly income payments. Her injuries were assessed as a WPI of 8%, which did not meet the threshold for damages.
- Example 2: Cyclist injured in a hit-and-run in Bondi - A 28-year-old cyclist was struck by a vehicle while riding on a bike path near Bondi Junction. The vehicle did not stop. The cyclist sustained a fractured wrist and a spinal nerve-root injury with neurological signs (numbness and weakness in the arm). He reported the incident to police and was treated in hospital. His medical records showed a WPI of 14% due to the nerve injury. Because his injury met the threshold for damages, he was eligible to claim damages for pain and suffering, loss of enjoyment of life, and future care needs.
Time Limits and Procedural Requirements
There are time limits for making a claim after a hit-and-run accident. You must notify your insurer or SIRA within 6 months of the accident. Failure to do so may result in your claim being rejected. However, if you were not aware of your injury at the time, you may still have time to claim, but only if you notify SIRA within 12 months of the date you first became aware of the injury. This is known as the 'date of knowledge' rule. It is essential to keep all records, including medical reports, correspondence with insurers, and details of treatment, as these will be required to support your claim.
When to Seek Independent Advice
While SIRA provides a structured process for claims, the legal framework can be complex, particularly when determining whether injuries meet the threshold for damages. You may need to seek independent legal advice to understand your rights, assess the strength of your claim, and ensure that all evidence is properly presented. This is especially important if you believe your injuries are more serious than initially assessed or if you are disputing a decision made by SIRA or your insurer.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.