What Happens if the At-Fault Driver Flees After a Motor Accident in NSW?
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 were injured in a motor accident in Greater Sydney and the driver who caused it fled the scene, you may still be entitled to compensation under the NSW Compulsory Third Party (CTP) insurance scheme. The law does not require you to identify the at-fault driver to make a claim. The CTP insurer is responsible for paying benefits to injured people, regardless of whether the driver can be found. This applies whether you were a driver, passenger, pedestrian, cyclist or motorcyclist.
The Motor Accident Injuries Act 2017 (MAIA) and the Motor Accident Injuries Regulation 2017 set out how claims are processed when the at-fault driver is unknown or has not been identified. You are not required to prove fault to access treatment and care benefits, weekly income payments, or damages if you meet the eligibility criteria. However, the process and available benefits depend on the nature of your injuries and whether you have a claim under the threshold injury provisions.
How to Make a CTP Claim After a Hit-and-Run Accident in NSW
To begin a claim, you must notify the CTP insurer of the accident as soon as possible. The insurer will be identified by the green slip (CTP insurance certificate) attached to the vehicle that caused the accident. If the vehicle was not registered or the green slip is missing, the claim will be processed through the Nominal Defendant, which is SIRA’s administrative body for cases where the at-fault vehicle cannot be identified.
You must provide details of the accident, including the date, time, location, and any available evidence. This includes:
- A police report, if one was filed
- Photographs of the scene, damage to your vehicle or body, and any visible injuries
- Witness contact details, if available
- Medical records, including treatment notes and diagnostic reports
- Records of lost income, if applicable
SIRA provides a claim form and guidance on how to submit information. You can apply online through the SIRA website or by post. The claim will be assessed to determine your eligibility for benefits under the CTP scheme.
What Benefits Are Available After a Hit-and-Run Accident in NSW?
If you were injured in a hit-and-run accident, you may be entitled to several types of benefits under the CTP scheme. These are available regardless of whether the at-fault driver is identified.
Treatment and care benefits cover reasonable and necessary medical, rehabilitation, and allied health services. This includes physiotherapy, counselling, and specialist consultations. These benefits are not limited by fault and are available to all injured people, subject to the MAIA’s thresholds.
Weekly income payments are available if you are unable to work due to your injuries. These payments are generally limited to 52 weeks unless you have a threshold injury or a whole person impairment (WPI) of 10% or more. The 52-week limit does not apply to treatment and care benefits, which may continue beyond that period if needed.
If you have a threshold injury, you may be eligible to claim damages for pain and suffering, loss of enjoyment of life, and future care needs. A threshold injury is defined in the Motor Accident Injuries Act 2017 and includes soft-tissue injuries, such as whiplash, that result in a WPI of 10% or more. The Motor Accident Guidelines clarify that a spinal nerve-root injury with neurological signs other than radiculopathy may still qualify as a threshold injury.
Time Limits for Making a CTP Claim After a Hit-and-Run Accident
There is a time limit to make a claim under the CTP scheme. You must notify the CTP insurer or SIRA of your claim within three years of the accident date. This is a strict deadline, and failing to meet it may prevent you from receiving any benefits.
If you are claiming damages for a threshold injury, you must also notify the insurer within 12 months of the accident, or within 12 months of the date your WPI was assessed, whichever is later. This deadline is critical and must be met to preserve your right to claim damages.
The three-year limit applies to all claims, including those involving unidentified vehicles. If you have not made a claim within this period, you may not be able to access compensation, even if you were injured.
What Evidence Supports a Hit-and-Run Claim in NSW?
The strength of your claim depends on the evidence you can provide. While the law does not require you to identify the at-fault driver, strong evidence helps SIRA or the insurer assess your claim and determine your entitlement to benefits.
Key evidence includes:
- A police report, even if no charges were laid
- Photographs of the scene, vehicle damage, and injuries
- Medical records showing the timing and nature of your injuries
- Witness statements, including contact details and a description of the vehicle
- CCTV footage from nearby cameras, particularly in urban areas like Greater Sydney
- Details of any prior injuries or medical conditions, to help establish that the accident caused your current symptoms
SIRA may investigate the accident to determine whether a vehicle was involved and whether it was registered. If a vehicle is later identified, the claim may be transferred to the insurer of that vehicle. However, you do not need to wait for identification to begin receiving treatment and care benefits.
When to Seek Legal Advice After a Hit-and-Run Accident
A hit-and-run accident can be traumatic, and the legal process may be complex. You may face challenges in proving the accident occurred, establishing the link between the accident and your injuries, or navigating the threshold injury rules.
If you have a threshold injury, you may need to undergo a medical assessment to determine your WPI. If your WPI is 10% or more, you may be eligible to claim damages. However, the process for assessing WPI and determining entitlement to damages is governed by strict rules in the Motor Accident Guidelines.
If you are unsure about your rights, the type of benefits you may receive, or whether you have a claim for damages, it is advisable to seek independent legal advice. A solicitor experienced in CTP claims can help you understand your options, prepare your evidence, and ensure deadlines are met.
Hypothetical 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 fled the scene. The cyclist was taken to hospital with neck and back pain. A police report was filed, and CCTV footage from a nearby shop showed a dark-coloured car speeding away. The cyclist received treatment for soft-tissue injuries and was later assessed with a WPI of 12% due to a spinal nerve-root injury with neurological signs.
The cyclist made a CTP claim through SIRA within the three-year limit. Treatment and care benefits were approved immediately. After the 12-month deadline for damages claims passed, the cyclist submitted a claim for damages, supported by medical evidence and the police report. The claim was assessed and approved under the threshold injury provisions.
Next Steps After a Hit-and-Run Accident in NSW
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.