Hit-and-Run Claims in NSW: Avoid These Common Mistakes
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've been involved in a hit-and-run accident in Greater Sydney, understanding the NSW Compulsory Third Party (CTP) scheme is critical. The Motor Accident Injuries Act 2017 (MAIA) governs claims for injuries caused by unidentified vehicles, but many people make avoidable errors that jeopardize their compensation. This article explains the key mistakes to avoid, how the CTP system handles such claims, and steps to take to protect your rights.
Key Mistakes to Avoid
- Failing to Report the Accident Promptly
Under the MAIA, you must notify the New South Wales Motor Accident Claims Authority (SIRA) within 52 weeks of the accident. Delays can lead to claims being denied, especially if injuries worsen over time. For example, if you wait months to report a soft-tissue injury, SIRA may argue the claim is untimely.
- Not Preserving Evidence
Document the accident scene thoroughly. Take photos of damage, note weather conditions, and record any witness details. Without evidence, proving the incident’s circumstances becomes difficult. For instance, a lack of photographic evidence might mean SIRA cannot confirm the accident occurred as described.
- Ignoring Medical Advice
Delaying medical treatment can undermine claims. The MAIA requires injuries to meet the threshold injury definition in the Motor Accident Guidelines. If you don’t seek medical attention promptly, your injuries may not qualify for compensation. For example, a minor whiplash injury that worsens over weeks might be reclassified as a non-threshold injury.
- Failing to Contact the Police
Police reports are crucial for establishing the accident’s timeline and location. Without one, SIRA may struggle to verify the incident, especially if the at-fault driver cannot be identified.
How the CTP System Handles Unidentified Vehicles
Under the MAIA, claims for injuries caused by unidentified vehicles are covered, but the process differs from standard CTP claims. The scheme pays for:
- Treatment and care benefits (e.g., physiotherapy, medical equipment)
- Weekly income payments if the injury prevents work
- Damages for permanent impairments or long-term consequences
However, the claimant must prove the injury resulted from the accident. SIRA assesses claims based on the Motor Accident Guidelines, which define threshold injuries. For example, a spinal nerve-root injury with neurological signs may qualify, while a minor bruise typically does not.
Steps to Take After a Hit-and-Run
- Seek Immediate Medical Attention
Even if injuries seem minor, visit a medical practitioner. Document all treatment records, as they are essential for proving the injury’s connection to the accident.
- Report the Accident to SIRA
Complete the Motor Accident Claim Form online or by mail. Include details of the accident, your injuries, and any evidence. SIRA will assign a claims officer to review your case.
- Contact the Police
File a police report, even if the at-fault driver fled. This creates an official record of the incident.
- Notify Your Insurer
If you have personal injury insurance, inform your insurer about the hit-and-run. They may assist with claims under the MAIA.
Time Limits and Disputes
The MAIA imposes strict deadlines. Claims must be submitted within 52 weeks of the accident. If the injury is a threshold injury, the 52-week limit applies to all benefits. For example, if your only injuries are soft-tissue, weekly payments stop after 52 weeks.
If SIRA disputes your claim, you can request a review. If the issue remains unresolved, seek legal advice. A solicitor can help challenge SIRA’s decision or negotiate a fair settlement.
When to Seek Legal Advice
Consult a lawyer if:
- Your injuries are severe (e.g., permanent impairment)
- SIRA denies your claim
- You’re unsure about the claim’s value
A legal professional can help you understand your rights and ensure you meet all legal requirements.
Final Steps
Hit-and-run claims in NSW require careful attention to detail. Avoid delays, preserve evidence, and seek medical help promptly. If you’re unsure about your next steps, contact SIRA or a legal adviser. Every claim depends on its own facts, don’t leave your rights to chance.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.