How SIRA Funds Treatment Costs for Hit-and-Run Claims
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 hit-and-run accident in Balmain NSW and the at-fault driver cannot be identified, you may still be eligible for treatment costs through the NSW Compulsory Third Party (CTP) scheme. The State Insurance Regulatory Authority (SIRA) administers this scheme, which provides funding for medical treatment and other benefits when the driver flees the scene or cannot be traced.
Under the Motor Accident Injuries Act 2017, SIRA covers treatment costs for injuries caused by unidentified vehicles, provided you can prove the accident occurred and the injury was caused by the vehicle. This includes medical bills, physiotherapy, and other necessary treatments. However, the process requires specific evidence to support your claim.
Evidence Required for Treatment Cost Claims
To claim treatment costs after a hit-and-run, you must provide:
- A police report documenting the accident
- Medical records confirming your injury and treatment
- Evidence linking your injury to the unidentified vehicle (e.g., witness statements, photographs, or vehicle description)
- Proof of your financial need for the treatment (e.g., medical bills or invoices)
SIRA requires these documents to establish a clear connection between the accident and your injury. Without this evidence, your claim may be denied or delayed.
Time Limits and Dispute Resolution
There are strict time limits for CTP claims. You must notify SIRA of your claim within 52 weeks of the accident date, or your right to benefits may expire. If your injury is classified as a 'threshold injury' (a minor soft-tissue injury under the Motor Accident Guidelines), weekly benefits are generally limited after 52 weeks.
If your claim is disputed, you can request a review by SIRA or seek independent legal advice. It is important to act quickly, as delays can reduce your chances of recovering treatment costs.
Hypothetical Example: Balmain Hit-and-Run Claim
Imagine a cyclist in Balmain is struck by a car that flees the scene. The cyclist sustains a soft-tissue injury and requires physiotherapy. To claim treatment costs through SIRA, the cyclist must:
- Report the accident to police and obtain a report
- Seek medical attention and document all treatment
- Submit the required evidence to SIRA within 52 weeks
- Await approval of the claim
In this case, SIRA would cover the physiotherapy costs, provided the cyclist meets the scheme's criteria.
When to Seek Legal Advice
While SIRA provides a pathway for treatment costs, the process can be complex. If you are unsure about your eligibility, need help gathering evidence, or face a dispute, it is advisable to consult a legal professional. An experienced solicitor can help ensure your claim is processed correctly and within the required timeframe.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.