Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
If you've been injured in a hit-and-run accident in Newcastle or the Hunter region and need funding for medical treatment, the NSW Compulsory Third Party (CTP) scheme may cover your costs. This article explains how the Scheme for the Injured Road Accident Victims (SIRA) provides treatment funding even when the at-fault driver cannot be identified. It also outlines the evidence needed, time limits, and how this differs from standard CTP claims.
How SIRA Funds Treatment Costs for Hit-and-Run Claims
Under the Motor Accident Injuries Act 2017, the NSW CTP scheme covers treatment costs for injuries caused by motor vehicles, even if the driver flees the scene. SIRA administers these claims and will fund medical treatment, therapy, and related expenses if:
- The accident involved a motor vehicle
- The injury meets the 'threshold injury' definition under the Motor Accident Guidelines
- The claimant has not yet exceeded the 52-week statutory benefit period
Unlike standard CTP claims, you don't need to identify the at-fault driver to access treatment funding. SIRA focuses on the injury and accident circumstances rather than fault. However, you must notify SIRA within 52 weeks of the accident to claim benefits.
Evidence Needed for Treatment Funding Claims
To support your claim, you'll need to provide:
- Medical records confirming your injury and treatment
- Police reports or accident reports detailing the incident
- Witness statements or contact details
- Photographs of the accident scene or vehicle damage
- Proof of income to assess treatment-related financial impact
SIRA may also request medical opinions to determine if your injury meets the threshold injury definition. This includes assessing whether the injury involves spinal nerve-root damage or radiculopathy as outlined in the Motor Accident Guidelines.
Time Limits and Dispute Resolution
You must notify SIRA within 52 weeks of the accident to claim treatment benefits. If your injury is classified as a 'threshold injury' (e.g., soft tissue damage without long-term impairment), benefits will generally stop after 52 weeks. However, if your injury results in ongoing impairment, you may be eligible for longer-term support.
Disputes over treatment funding typically arise when:
- The injury is not classified as a threshold injury
- The claimant exceeds the 52-week period
- The injury's long-term impact is disputed
In such cases, you may need to seek independent medical opinions or challenge SIRA's assessment through the NSW Civil and Administrative Tribunal (NCAT).
Practical Example: Funding a Broken Arm After a Hit-and-Run
Consider a scenario where a cyclist is hit by a car in Newcastle and sustains a broken arm. The driver flees the scene, but the cyclist receives treatment at a local clinic. SIRA will fund the cost of X-rays, physiotherapy, and any related expenses if:
- The injury meets the threshold injury criteria
- The cyclist notifies SIRA within 52 weeks
- The injury is confirmed as a soft tissue injury under the Motor Accident Guidelines
This example illustrates how treatment funding works independently of fault or driver identification.
When to Seek Legal Advice
While SIRA handles most treatment claims, complex cases may require legal assistance. Consider consulting a solicitor if:
- Your injury involves long-term impairment or chronic pain
- You face disputes over the injury's classification
- You need help navigating the 52-week time limit
- You want to explore additional compensation beyond treatment costs
Legal professionals can help ensure you meet all requirements and understand your options under the CTP scheme.
Next Steps for Claimants
If you've been injured in a hit-and-run accident and need funding for medical treatment, start by:
- Seeking immediate medical attention and documenting all treatment
- Reporting the incident to police and obtaining an accident report
- Notifying SIRA within 52 weeks of the accident
- Gathering all required evidence to support your claim
Remember, every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.