If you were injured in a hit-and-run accident in Armidale and the at-fault driver cannot be identified, you may still be eligible for compensation under NSW’s Compulsory Third Party (CTP) scheme. This guide explains how to claim, what evidence is needed, and your legal options.
How to Claim Compensation Without Identifying the Driver
Under the Motor Accident Injuries Act 2017, CTP claims can proceed even if the at-fault driver is unknown. The scheme covers injuries caused by uninsured or unidentified drivers, including hit-and-run incidents. You must notify the State Insurance Regulatory Authority (SIRA) within 52 weeks of the accident to claim benefits like weekly income payments or treatment costs. SIRA will handle the claim using the Motor Accident Guidelines to assess your injuries.
Evidence Needed for a Hit-and-Run Claim
To support your claim, gather: medical records proving your injuries, a police report documenting the accident, witness statements, and photos of the scene. If the vehicle fled, note details like vehicle type, color, or license plate. SIRA may also require a medical report confirming your injuries align with the accident.
What You Can Claim
Under the CTP scheme, you may claim: weekly income payments for lost wages, treatment and care benefits for medical expenses, and compensation for pain and suffering if your injuries meet the 'threshold injury' definition. Threshold injuries include soft tissue injuries like whiplash, provided they meet the spinal nerve-root criteria in the Motor Accident Guidelines.
Time Limits and Dispute Resolution
You must report the accident to SIRA within 52 weeks to claim weekly benefits. If your injuries are below the threshold, benefits stop after 52 weeks. For disputes over claim value or eligibility, SIRA’s dispute resolution process applies. Seek legal advice if your case involves long-term injuries, contributory fault, or complex circumstances.
Practical Steps After a Hit-and-Run
- Seek immediate medical attention and document all treatment.
- Report the accident to police and SIRA within 52 weeks.
- Preserve evidence like witness contact details and accident scene photos.
- Contact SIRA directly to start your claim.
- Consult a solicitor if your injuries are severe or the claim is disputed.
When to Seek Legal Advice
A solicitor can help if your case involves: injuries exceeding threshold criteria, disputes over fault, or claims for long-term care. Legal advice is also recommended if you face delays from SIRA or need assistance navigating the 52-week time limit.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.