What the PIC Requires in Hit-and-Run Disputes
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 were injured in a hit-and-run accident involving an unidentified vehicle in Ballina, the Personal Injury Claimant (PIC) must meet specific legal requirements to pursue compensation under NSW’s Compulsory Third Party (CTP) scheme. The PIC must demonstrate that the accident meets the legal definition of a motor accident and that the claim aligns with SIRA’s guidelines. Key expectations include providing evidence of the incident, proving the injury’s connection to the accident, and following procedural rules for disputes.
NSW CTP Rules for Unidentified Vehicles
Under the Motor Accident Injuries Act 2017, a motor accident includes incidents where a vehicle is involved, even if the driver flees the scene. However, the PIC must establish that the accident occurred on a road or public place and that the injury resulted from the collision. SIRA’s guidelines clarify that claims for injuries like soft tissue damage or spinal nerve-root injuries must meet specific clinical criteria, such as neurological signs outlined in the Motor Accident Guidelines. If the vehicle cannot be identified, the PIC must rely on alternative evidence, such as witness statements, CCTV footage, or police reports, to prove the incident.
Practical Steps and Evidence for PICs
To support a claim, the PIC should gather:
- Medical records confirming the injury’s link to the accident (e.g., imaging, treatment notes).
- Accident details like time, location, and vehicle description (even if unidentified).
- Witness statements from people who saw the incident.
- Photographs of the scene, vehicle damage, or injuries.
- Police reports or incident logs from local authorities.
SIRA emphasizes that the PIC must prove the injury is a ‘threshold injury’ under the Motor Accident Guidelines. For example, a soft tissue injury must involve spinal nerve-root damage with neurological signs, not just general pain. If the injury does not meet this threshold, the PIC may need to pursue a common law claim separately.
Time Limits and Dispute Resolution
The CTP scheme has strict deadlines. The PIC must notify the at-fault driver’s insurer within 52 weeks of the accident, or within 52 weeks of discovering the injury if it was not immediately apparent. If the vehicle is unidentified, the PIC may need to wait for police to locate the driver or for the insurer to confirm the vehicle’s registration. Delays beyond these limits can jeopardize the claim.
Disputes over claim value often arise when the PIC and insurer disagree on the injury’s severity or the required benefits. SIRA’s dispute resolution process involves submitting a formal objection to the insurer’s assessment. If the PIC challenges the decision, they may need to provide additional medical evidence or undergo a review by the Personal Injury Commission.
Example Scenario: A Pedestrian Hit by an Unidentified Vehicle
Imagine a pedestrian in Ballina is struck by a car that flees the scene. The PIC must prove the accident occurred on a public road and that the injury resulted from the collision. If the pedestrian has soft tissue damage, the PIC must show clinical signs of spinal nerve-root injury, such as numbness or weakness. If the injury does not meet the threshold, the PIC may need to pursue a separate claim for common law damages, which could include compensation for pain and suffering.
When to Seek Legal Advice
If the PIC is unsure whether their injury meets the threshold, or if the insurer disputes the claim value, they should consult a legal professional. A solicitor can help navigate SIRA’s guidelines, challenge incorrect assessments, and ensure the PIC complies with all procedural deadlines. Legal advice is particularly important if the PIC is considering a dispute over the insurer’s decision or if the injury involves complex medical evidence.
Next Steps for PICs
After a hit-and-run incident, the PIC should act quickly to gather evidence and notify the insurer. If the claim is disputed, following SIRA’s dispute resolution process is essential. Remember, every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.