How the NSW CTP Scheme Funds Treatment Costs for Hit-and-Run Claims
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).
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 New South Wales and the at-fault driver cannot be identified, you may still be eligible for treatment costs through the Compulsory Third Party (CTP) scheme. The NSW CTP scheme is designed to cover medical expenses, rehabilitation, and other treatment-related costs when the driver flees the scene or is unknown. This applies regardless of who was at fault, as the CTP scheme is a no-fault compensation system.
Under the Motor Accident Injuries Act 2017, the CTP scheme covers treatment costs for injuries caused by motor vehicles, including hit-and-run incidents. This means you can claim for medical bills, physiotherapy, and other necessary treatments even if the responsible driver is not found. However, the type of treatment and its cost must be directly related to the accident.
Evidence Required for Hit-and-Run Treatment Claims
To claim treatment costs under the CTP scheme, you must provide evidence that the injury was caused by the accident and that the treatment was necessary. Key evidence includes:
- Medical records confirming the injury and its connection to the accident
- Accident reports from police or witnesses
- Witness statements detailing the incident
- Photographs of the scene or vehicle damage
- Receipts or invoices for treatment costs
If the injury is a 'threshold injury' (a minor soft-tissue injury with no whole-person impairment), treatment benefits under the CTP scheme may stop after 52 weeks. However, if the injury results in a whole-person impairment (e.g., chronic pain or mobility issues), benefits can continue beyond this period.
SIRA's Role in Hit-and-Run Claims
The State Insurance Regulatory Authority (SIRA) administers the CTP scheme in NSW. If the at-fault driver is unidentified, you must make your claim through SIRA. SIRA will assess whether your treatment costs fall within the scheme's coverage and determine the appropriate level of compensation. You must apply within the time limits outlined in the Motor Accident Injuries Act 2017, though the exact deadline for hit-and-run claims is not specified in the sources.
Practical Steps and When to Seek Advice
- Seek immediate medical attention to document your injuries
- Report the accident to police and obtain a report
- Gather witness details and photographic evidence
- Submit a claim to SIRA within the required timeframe
- Review your treatment costs to ensure they align with the CTP scheme's guidelines
If your claim is denied or you're unsure about your entitlements, seek legal advice. An experienced solicitor can help you understand your options and ensure your claim meets all legal requirements.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.