Hit-and-Run Claims in NSW: Key Steps and Common Pitfalls
If you've been involved in a hit-and-run accident in NSW, especially on the Illawarra or South Coast, understanding how to claim compensation under the Compulsory Third Party (CTP) scheme is critical. The NSW Motor Accident Injuries Act 2017 (MAIA) governs CTP claims, and SIRA (State Insurance Regulatory Authority) administers the scheme. Here’s how to avoid common errors that could jeopardise your claim.
What to Do Immediately After a Hit-and-Run Accident
- Report the accident to SIRA within 52 weeks of the incident. Delays beyond this period may result in lost benefits for threshold injuries (see below). SIRA requires a written report, even if the at-fault driver cannot be identified.
- Document the scene. Take photos of damage, note weather conditions, and record any witness details. Even without a suspect vehicle, evidence like skid marks or traffic camera footage can support your claim.
- Seek medical attention. Injuries from hit-and-run accidents may not be immediately apparent. Obtain a medical report to establish a connection between the accident and your injuries.
How SIRA Handles Unidentified Vehicles
SIRA administers CTP claims regardless of whether the at-fault driver is identified. However, the scheme has specific rules:
- Threshold injuries (soft tissue injuries meeting the Motor Accident Guidelines) are eligible for benefits, but claims for these injuries are limited to 52 weeks. If your injury falls within this category, you may not qualify for ongoing payments after that period.
- Non-threshold injuries (e.g., fractures, brain injuries) are eligible for longer-term benefits, including weekly income payments and treatment costs. SIRA assesses these based on medical evidence and impairment reports.
Common Mistakes to Avoid
- Failing to report the accident promptly. Delaying beyond 52 weeks may exclude you from benefits for threshold injuries. Even if the driver is unidentified, SIRA requires a written report.
- Not collecting sufficient evidence. Without witness statements, photos, or a police report, your claim may be denied. For example, a pedestrian hit at night without witnesses may struggle to prove the accident occurred.
- Confusing CTP with workers’ compensation. CTP covers injuries from motor vehicle accidents, while workers’ compensation applies to workplace injuries. If you were injured at work, you may need to claim under both schemes, but CTP is not automatically available.
- Assuming all injuries qualify for long-term benefits. Only injuries meeting the threshold injury definition (e.g., a spinal nerve-root injury with neurological signs) qualify for ongoing payments. Minor bruising or whiplash may only entitle you to short-term benefits.
When to Seek Legal Advice
If your claim is rejected, or if you’re unsure about your entitlements, consult a solicitor. SIRA provides a free online tool to estimate your claim value, but legal advice ensures you understand all options, including disputes or appeals.
Final Steps for Hit-and-Run Claims
To maximise your chances of success, act quickly, gather evidence, and understand the distinction between threshold and non-threshold injuries. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.