Understanding Hit-and-Run Claims in NSW
In a hit-and-run motor accident in Bathurst, NSW, liability is not automatically assigned to a driver who flees the scene. The Compulsory Third Party (CTP) insurance system operates under the Motor Accident Injuries Act 2017, which provides compensation regardless of fault in most cases. However, insurers must still assess whether the accident occurred and whether the claimant’s injuries were caused by a motor vehicle. When the at-fault driver is unidentified, insurers rely on evidence to determine if a motor vehicle was involved and whether the claimant’s injuries are attributable to that event.
How Insurers Assess Liability in Unidentified Vehicle Claims
Under the CTP scheme, liability is not determined by who caused the accident, but by whether a motor vehicle was involved and whether the claimant suffered injury as a result. Insurers assess liability by examining the available evidence, including:
- The claimant’s medical records showing injuries consistent with a motor vehicle impact
- Photographs of the scene, damage to the claimant’s property (e.g. vehicle, bicycle), or personal injury
- Statements from witnesses, if any were present
- Police reports, including whether a report was filed and whether the incident was recorded as a hit-and-run
- Details of the claimant’s movements before and after the accident, including any delays in seeking medical treatment
SIRA, the State Insurance Regulatory Authority, oversees the CTP scheme and provides guidance to insurers on how to assess claims. Insurers must follow the Motor Accident Injuries Regulation 2017 and the Motor Accident Guidelines to determine whether a claim is valid, even when the vehicle or driver cannot be identified.
Evidence That Matters in Hit-and-Run Claims
In the absence of a known driver, the burden of proof lies with the claimant to demonstrate that a motor vehicle caused their injuries. Insurers will not accept a claim solely on the basis of a statement that a vehicle struck the claimant. The following evidence is typically required:
- A contemporaneous record of the accident, such as a police report or a statement made to a witness
- Medical evidence showing the nature and timing of injuries, including imaging results and clinical notes
- Photographs of the injury site, vehicle damage, or personal property damage
- A timeline of events, including when the claimant first reported the incident and when medical treatment began
For example, a pedestrian in Bathurst who was struck by a vehicle at night and left unconscious may have a claim if they can provide a medical record showing a concussion diagnosed within 24 hours of the incident, along with a police report noting the absence of a driver and the presence of vehicle debris at the scene.
Time Limits and Procedural Requirements
A claim must be made within two years of the accident date. This time limit applies regardless of whether the driver is identified. If the claim is not made within that period, the right to claim compensation may be lost. Insurers may also require that a claim be notified within 28 days of the accident, although this is not a legal deadline under the Act.
If an insurer refuses a claim, the claimant may request a review under the CTP scheme. If the review is unsuccessful, the claimant may apply to the Civil and Administrative Tribunal (NCAT) for a determination. The claimant must provide all relevant evidence, including medical reports, accident documentation, and correspondence with the insurer.
When to Seek Independent Advice
A hit-and-run claim involving an unidentified vehicle presents unique challenges. The absence of a driver means that no CTP insurer can be directly contacted to assess fault. However, the claimant may still be eligible for statutory benefits under the CTP scheme if they can prove that a motor vehicle caused their injury.
Given the complexity of proving a motor vehicle was involved and that injuries were sustained as a result, claimants are encouraged to seek independent advice before making a claim. Legal advice can help ensure that evidence is properly gathered and presented, and that procedural requirements are met.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.