How NSW CTP Insurers Assess Liability in 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 Armidale and the at-fault vehicle cannot be identified, NSW Compulsory Third Party (CTP) insurers must still assess your claim. Under the Motor Accident Injuries Act 2017, CTP insurers are legally required to cover claims where the driver flees the scene or cannot be identified. This article explains how insurers evaluate liability in such cases, what evidence is needed, and practical steps to take.
Legal Framework for Hit-and-Run Claims
NSW CTP insurers must cover claims even when the at-fault driver is unknown. The Motor Accident Injuries Act 2017 (s 4.4) ensures that claimants can seek compensation for injuries, regardless of fault. SIRA (State Insurance Regulatory Authority) oversees these claims and provides guidelines to ensure consistency. Key principles include:
- CTP insurers must cover claims where the driver is unidentified, as per the Motor Accident Injuries Act 2017.
- Liability is determined based on evidence, not the driver’s identity. Insurers assess whether the accident meets the threshold injury criteria outlined in the Motor Accident Guidelines.
- SIRA’s role includes ensuring insurers follow the correct process and do not unfairly deny claims.
Evidence Required for Hit-and-Run Claims
To support a claim, you must provide evidence that the accident occurred and that injuries were caused. Key evidence includes:
- Medical records confirming injuries and their connection to the accident.
- Police reports or accident statements from the scene.
- Witness statements or contact details.
- CCTV footage or dashcam recordings.
- Vehicle registration details if available.
For example, if you were hit by an unidentified car and later found to have soft-tissue injuries (as defined by the Motor Accident Guidelines), your claim must show a direct link between the accident and your injuries. SIRA’s guidelines clarify that even minor injuries may qualify if they meet specific clinical criteria.
Time Limits and Dispute Resolution
CTP claims must be submitted within a specific timeframe. While the exact deadline depends on the circumstances, insurers must respond to claims within 28 days of receiving all necessary evidence (per SIRA’s Making a Motor Accident Claim guidelines). If an insurer disputes your claim:
- Request a written explanation of their decision.
- Submit additional evidence to support your case.
- Seek mediation through SIRA if the dispute persists.
When to Seek Legal Advice
If your claim is denied or you’re unsure about the process, consult a legal professional. While this article provides general guidance, individual cases depend on unique facts. For example, if you were a pedestrian hit by a car and later developed chronic pain, your claim may require expert medical evidence to prove long-term effects.
Next Steps
CTP insurers in Armidale must assess liability based on available evidence, not the identity of the at-fault driver. By gathering the right evidence and understanding your rights under the Motor Accident Injuries Act 2017, you can pursue compensation. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.