If you were injured in a hit-and-run accident in NSW and the at-fault driver cannot be identified, you may still be eligible for compensation through the Compulsory Third Party (CTP) scheme. This article explains how the NSW CTP rules apply to unidentified vehicles, what evidence is needed, and practical steps to take after a hit-and-run. It also covers time limits and how SIRA handles such claims.
How the CTP Scheme Works for Hit-and-Run Claims
Under the Motor Accident Injuries Act 2017, all NSW registered vehicles must have CTP insurance to cover injuries caused by the vehicle. If the at-fault driver flees the scene or cannot be identified, the CTP scheme still applies because the insurance covers the vehicle, not the driver. This means you can claim compensation even if the driver is unknown, provided you can prove the vehicle was involved in the accident.
SIRA (State Insurance Regulatory Authority) administers the CTP scheme. When a claim involves an unidentified vehicle, SIRA will investigate to confirm the vehicle’s registration and insurance details. You must provide evidence linking the vehicle to the accident, such as witness statements, CCTV footage, or a police report. If the vehicle is unregistered or uninsured, the claim may still proceed under the CTP scheme, but additional steps may be required to establish liability.
Practical Steps After a Hit-and-Run Accident
- Secure the accident scene: If safe to do so, move to a safe location and ensure the scene is preserved. Take photos of the vehicle, damage, and any visible details like license plate numbers or vehicle registration plates.
- Seek medical attention: Even if injuries seem minor, consult a medical practitioner immediately. Document all medical records, as they will be critical for proving the extent of your injuries.
- Report the incident to police: Contact NSW Police to report the hit-and-run. They will record the incident and may issue a crime reference number, which is essential for insurance claims.
- Notify SIRA: Complete the CTP claim form on the SIRA website (https://www.sira.nsw.gov.au/claims/motor-accidents) and provide all available evidence. SIRA will assess whether the vehicle is registered and whether the claim can proceed.
- Keep records of all correspondence: Save copies of all communications with SIRA, insurers, and medical providers. This includes emails, letters, and phone records.
Evidence Needed for Unidentified Vehicle Claims
SIRA requires specific evidence to support a claim when the at-fault driver is unknown. Key documents include:
- Witness statements: Statements from people who saw the vehicle or the accident.
- CCTV footage: Footage from nearby cameras, shops, or public areas.
- Accident reports: Police reports or incident reports from the scene.
- Vehicle details: Any visible information about the vehicle, such as make, model, color, or registration plate.
- Medical records: Proof of injuries and treatment received.
- Income records: If you’ve lost wages due to the accident, provide payslips or employment records.
If the vehicle is unregistered or uninsured, SIRA may still process the claim under the CTP scheme, but the process may take longer. In such cases, the claimant must prove the vehicle was involved in the accident and that the injuries were caused by it.
Time Limits and Dispute Resolution
There are strict time limits for reporting hit-and-run accidents. Under NSW law, you must report the incident to police within 24 hours if it involves a motor vehicle. Failure to do so may affect your ability to claim compensation.
If SIRA disputes your claim, you may need to provide additional evidence or request a review. SIRA has a formal process for disputing claims, and you can request a review if you believe the decision is incorrect. In some cases, legal advice may be necessary to challenge a decision or negotiate a better outcome.
Example Scenario
Consider a pedestrian in Auburn who is hit by a car at night. The driver flees the scene, and no one sees the license plate. The pedestrian has minor injuries but requires medical treatment. SIRA will investigate to confirm the vehicle’s registration. If the vehicle is unregistered, the claim may still proceed under the CTP scheme, but the pedestrian must provide evidence linking the vehicle to the accident, such as CCTV footage from a nearby shop or a witness who saw the vehicle.
When to Seek Legal Advice
While SIRA handles most CTP claims, complex cases, such as disputes over injury severity, time limits, or vehicle registration, may require legal assistance. A solicitor can help you navigate the claims process, challenge a disputed decision, or negotiate a better outcome if your claim is denied.
Next Steps
CTP claims depend on the accident date, injury type, and evidence provided. If you’re unsure whether you qualify for compensation or need help with your claim, complete the quick, no obligation enquiry form to request contact about your circumstances. General information cannot determine whether a claim is available in an individual case.