Funding Treatment Costs in Hit-and-Run Claims
If you were injured in a hit-and-run motor accident in rural or remote New South Wales, you may still be entitled to funding for treatment and care through the NSW Compulsory Third Party (CTP) insurance scheme. This funding is available even when the at-fault driver cannot be identified or has fled the scene. The Motor Accident Injuries Act 2017 and the Motor Accident Injuries Regulation 2017 establish that treatment and care benefits are not dependent on identifying the responsible driver, provided the accident occurred in a motor vehicle and you were a driver, passenger, pedestrian, cyclist, or motorcyclist at the time.
How the CTP Scheme Supports Treatment in Unidentified Vehicle Cases
Under the CTP scheme, treatment and care benefits are available to cover reasonable and necessary medical, allied health, and rehabilitation services following a motor accident, regardless of fault. This includes cases where the at-fault vehicle is not identified. The scheme is designed to ensure injured persons receive timely medical support, particularly in rural and remote areas where access to services may be limited. Funding for treatment is not contingent on proving fault, and the insurer must assess and approve claims based on medical evidence and the nature of the injury.
Evidence Required to Claim Treatment Funding
To access treatment funding, you must provide evidence that supports the claim. This includes:
- A formal medical report from a registered medical practitioner confirming the injury and its connection to the accident.
- A record of treatment received, including dates, types of treatment, and provider details.
- A police report, if one was filed, even if the vehicle remains unidentified.
- Photographs of the scene, vehicle damage, or injuries, if available.
- Witness statements, if any witnesses observed the incident.
In rural and remote areas, medical records may be held by local clinics, regional hospitals, or mobile health services. It is important to keep all documentation in a single file, as incomplete records may delay or prevent approval of benefits.
Limitations on Treatment and Care Benefits
Treatment and care benefits are not unlimited. The CTP scheme provides funding for reasonable and necessary treatment, but the duration and type of support are subject to the Motor Accident Injuries Act 2017. If your only injuries are threshold injuries (as defined in the Motor Accident Injuries Act 2017), weekly benefits and treatment and care benefits are generally limited to 52 weeks from the date of the accident. This 52-week limit applies even if the injury is not fully resolved, and it does not extend automatically for rural claimants.
If you have a non-threshold injury or a whole person impairment of 10% or more, you may be eligible for ongoing treatment and care funding, including for long-term rehabilitation. The assessment of impairment is conducted by an independent medical practitioner and must be supported by clinical evidence, including imaging and neurological testing.
Practical Steps for Rural and Remote Claimants
In rural and remote NSW, access to legal and medical support may be limited. However, you can take immediate steps to protect your rights:
- Seek medical attention as soon as possible, even if injuries appear minor. Delayed treatment may affect the assessment of causation.
- Report the incident to the police and obtain a copy of the report, if one was issued.
- Contact your CTP insurer to begin the claim process. The insurer is required to assess your claim under the Motor Accident Injuries Act 2017.
- Keep all records of treatment, travel to appointments, and out-of-pocket expenses related to care.
- If you are unable to access a medical practitioner locally, contact a regional health service or the NSW Health Directorate for assistance.
Time Limits and Dispute Options
There are time limits for making a claim. You must notify your CTP insurer of the accident within 3 months of the date of the accident. Failure to do so may result in the claim being denied. However, if you were not aware of the injury at the time, the 3-month period begins from when you first became aware of the injury.
If your claim for treatment funding is denied, you may request an internal review from the insurer. If the review is unsatisfactory, you can apply to the NSW Civil and Administrative Tribunal (NCAT) for a review. The tribunal has jurisdiction to determine entitlements under the CTP scheme, including funding for treatment in hit-and-run cases.
Hypothetical Example: Rural Claimant with Delayed Injury
A 42-year-old farmer in Wagga Wagga was struck by a vehicle while walking on a country road at night. The vehicle fled the scene. The injured person did not seek medical attention for three weeks, as they believed the injury was minor. When symptoms worsened, they visited a local clinic, which diagnosed a soft tissue injury to the neck and back. The clinic referred them to a physiotherapist and provided a medical certificate. The claim for treatment funding was initially denied due to the delay in reporting. However, on review, the insurer accepted the claim because the injury was not apparent at the time of the accident and the medical evidence established a clear causal link.
When to Seek Independent Advice
The CTP scheme is complex, and the rules around treatment funding, threshold injuries, and time limits can vary significantly based on individual circumstances. In rural and remote areas, where access to legal and medical expertise may be limited, it is advisable to seek independent advice before finalising any claim. This is particularly important if:
- You have a complex injury or a history of pre-existing conditions.
- The insurer has denied your claim or limited your treatment funding.
- You are unsure whether your injury qualifies as a threshold injury under the Motor Accident Injuries Act 2017.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.