If you've been injured in a hit-and-run accident in Balmain and the at-fault driver cannot be identified, you may still be eligible for treatment funding through NSW's Compulsory Third Party (CTP) scheme. This article explains how the SIRA-managed CTP system covers medical expenses, what evidence you need, and time limits that apply.
How the CTP Scheme Covers Treatment Costs
Under the Motor Accident Injuries Act 2017, all NSW drivers must hold CTP insurance to cover injuries caused by their vehicle. Even if the at-fault driver flees the scene, the CTP scheme ensures injured parties can claim treatment costs. SIRA (State Insurance Regulatory Authority) administers these claims, and the process is the same whether the driver is identified or not.
If your injury meets the 'threshold injury' definition in the Motor Accident Guidelines, you may be eligible for weekly benefits and treatment coverage. Threshold injuries include soft tissue injuries like whiplash, sprains, and minor fractures. SIRA will assess your medical records to determine if your injury falls within this category.
Practical Steps to Secure Funding
To claim treatment costs, you must:
- Report the accident to police within 24 hours (s 3.28 of the Motor Accident Injuries Act 2017)
- Seek medical attention within 24 hours (s 3.11)
- Contact SIRA directly to start your claim
Critical evidence includes:
- Police report of the hit-and-run
- Medical records showing your injury
- Witness statements (if available)
- Photographs of the accident scene
SIRA will also consider your income and weekly expenses when determining benefit amounts. If your injury is not a threshold injury, you may still claim for treatment costs under the CTP scheme.
Time Limits and Dispute Resolution
You have 52 weeks from the accident date to claim weekly benefits for threshold injuries. After this period, benefits stop unless your injury meets the 'whole person impairment' threshold (more than 10% impairment). For non-threshold injuries, you may still claim treatment costs beyond 52 weeks.
If your claim is disputed, you can request a review by SIRA. If unresolved, you may need to seek legal advice to challenge the decision. The CTP scheme does not cover claims for pain and suffering or lost income unless your injury meets specific impairment thresholds.
Example Scenario
Imagine a Balmain resident is hit by a car while walking at night. The driver flees, leaving no witnesses. The injured person seeks medical treatment for a sprained wrist and reports the incident to police. SIRA will assess the medical records and determine the injury meets the threshold definition. The claimant can then claim weekly benefits and coverage for physiotherapy sessions.
When to Seek Legal Advice
While SIRA handles most claims, complex cases may require legal assistance. A lawyer can help if:
- Your injury exceeds the threshold injury definition
- You face disputes over your claim
- You need to challenge a decision by SIRA
Next Steps
CTP claims depend on the accident date, injury type, and evidence collected. To request contact about your circumstances, complete the quick, no obligation enquiry form.