Hit-and-Run CTP Claims in NSW: Common Mistakes to Avoid
Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
If you've been involved in a hit-and-run accident in New South Wales, you may be eligible for compensation through the Compulsory Third Party (CTP) scheme. However, many claimants make critical errors that can jeopardise their ability to receive benefits. This guide explains the most common mistakes to avoid and how to navigate the NSW CTP process effectively.
Key CTP Rules for Hit-and-Run Claims
Under the Motor Accident Injuries Act 2017, the NSW CTP scheme covers claims where the at-fault driver flees the scene or cannot be identified. To qualify, you must have been injured in a motor vehicle accident and meet the scheme’s injury thresholds. The scheme does not require proof of fault, but you must report the incident to the NSW Government’s Motor Accident Claims (SIRA) within 52 weeks of the accident.
A common mistake is assuming the CTP scheme will automatically cover all losses. In reality, benefits are limited to specific injuries, such as soft tissue injuries or whole-person impairment. If your injuries fall below the threshold, you may not be eligible for long-term payments. Always confirm your injury meets the Motor Accident Guidelines before proceeding.
Practical Steps to Take After a Hit-and-Run
To protect your claim, take the following actions immediately:
- Report the accident: Contact SIRA within 52 weeks. Delaying may result in your claim being rejected.
- Document the scene: Take photos of the damage, note weather conditions, and record any witness details.
- Seek medical attention: Even minor injuries must be documented by a medical practitioner to meet CTP eligibility.
- Preserve evidence: Keep records of all correspondence with insurers, medical bills, and income loss.
A frequent error is failing to report the accident promptly. For example, a pedestrian who delays reporting a hit-and-run by 60 days may lose access to benefits, as the 52-week time limit is strict.
Time Limits and Dispute Resolution
The CTP scheme has strict deadlines. If you fail to report within 52 weeks, you may lose your right to claim benefits. Additionally, disputes over injury severity or benefit amounts can arise. If your claim is denied, you can request a review by SIRA or seek independent legal advice to challenge the decision.
When to Seek Professional Help
While the CTP scheme provides a pathway for compensation, navigating the process can be complex. Common mistakes include misunderstanding the difference between statutory benefits and common law damages, or failing to account for income loss or future care needs. A legal professional can help you assess whether your claim meets the criteria for long-term payments or if you qualify for additional support.
Conclusion
Hit-and-run claims in NSW require careful attention to reporting deadlines, evidence collection, and injury assessment. Avoid common pitfalls such as delayed reporting, incomplete documentation, or misunderstanding the CTP scheme’s limitations. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.