How 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).
In a hit-and-run motor accident in NSW, liability is not automatically assigned to the driver who fled. Insurers assess liability under the Motor Accident Injuries Act 2017 (MAIA) by examining whether the accident occurred in a motor vehicle, whether the injured person was a driver, passenger, pedestrian, cyclist or motorcyclist, and whether the injury resulted from the accident. The insurer will not accept a claim if the accident did not involve a motor vehicle, or if the injury was not caused by a motor vehicle. The insurer must determine whether the injured person was in a motor vehicle at the time of impact, or whether the injury occurred while crossing a road, as a pedestrian, or on a bicycle. The insurer will not assess liability if the injured person was not in a motor vehicle at the time of impact, or if the injury was not caused by a motor vehicle.
What Factors Insurers Consider
Insurers assess liability by reviewing all available evidence, including police reports, witness statements, photographs of the scene, medical records, and any video footage from nearby surveillance. They will determine whether the injured person was in a motor vehicle at the time of impact, and whether the injury was caused by a motor vehicle. The insurer will not assess liability if the injured person was not in a motor vehicle at the time of impact, or if the injury was not caused by a motor vehicle. The insurer will not assess liability if the injured person was not in a motor vehicle at the time of impact, or if the injury was not caused by a motor vehicle.
Evidence That Matters in Hit-and-Run Claims
Key evidence includes the time, location and circumstances of the accident. Insurers rely on police reports, if a report was made, and on any available video footage from nearby businesses, traffic cameras, or private property. Witness statements, including contact details and a description of the vehicle, are critical. Photographs of the scene, including skid marks, debris, and damage to the injured person’s vehicle or body, may support the claim. Medical records showing the nature and timing of injuries are essential to link the injury to the accident. Insurers will not assess liability if the injured person failed to report the accident to police within 24 hours, or if the injured person failed to seek medical treatment within a reasonable time.
Time Limits and Procedural Requirements
A claim for compensation must be made within two years of the accident date. This time limit applies to all motor accident claims, including hit-and-run incidents. Failure to make a claim within this period may prevent the injured person from receiving benefits. Insurers may also require the injured person to notify them within 28 days of the accident, although this is not a legal requirement under MAIA. The insurer may request a medical assessment to determine the extent of injury and whether it qualifies as a threshold injury under the Motor Accident Guidelines. The insurer will not assess liability if the injured person failed to report the accident to police within 24 hours, or if the injured person failed to seek medical treatment within a reasonable time.
When to Seek Independent Advice
If the insurer denies liability or offers a settlement that does not cover all reasonable expenses, the injured person may seek independent legal advice. This is particularly important if the injury is serious, if the insurer disputes the cause of injury, or if the injured person believes the settlement is inadequate. The injured person may also seek advice if the insurer refuses to provide a copy of the claim file, or if the insurer delays processing the claim. The injured person may request a review of the insurer’s decision, or apply to the Civil and Administrative Tribunal (NCAT) for a determination. The injured person may also seek advice if the insurer refuses to provide a copy of the claim file, or if the insurer delays processing the claim.
Hypothetical Example
A pedestrian was struck by a vehicle while crossing a road in Sydney’s Inner West. The driver fled the scene. The injured person reported the incident to police within 24 hours and sought medical treatment the same day. Police issued a report, and video footage from a nearby shop confirmed the vehicle’s direction and partial registration number. The insurer accepted liability based on the evidence and began processing the claim for treatment and care benefits, weekly income payments, and future care needs. The insurer did not assess liability if the injured person failed to report the accident to police within 24 hours, or if the injured person failed to seek medical treatment within a reasonable time.
Next Steps
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