How SIRA Handles Hit-and-Run Claims on the Central Coast
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 involved in a hit-and-run accident on the Central Coast and the at-fault driver cannot be identified, the NSW government’s State Insurance Regulatory Authority (SIRA) manages your claim under the Motor Accident Injuries Act 2017. SIRA’s process for unidentified vehicle accidents focuses on your injuries and the circumstances of the crash, not on locating the driver. This guide explains how SIRA applies the rules to your case.
Key Principles of SIRA’s Approach
SIRA determines liability for hit-and-run claims based on the Motor Accident Injuries Act 2017 and the Motor Accident Guidelines. When the at-fault driver flees or cannot be identified, SIRA assumes the driver is liable unless there is evidence to the contrary. This means you may still be eligible for compensation even if the driver is never found.
Under the Motor Accident Injuries Act 2017 s 4.4, your claim must be made within five years of the accident. However, SIRA may impose shorter deadlines if there are delays in reporting the incident. For example, if you fail to notify SIRA of your injuries within a reasonable time, your claim could be rejected.
What Claims Are Available?
SIRA covers a range of benefits under the Motor Accident Injuries Act 2017, including:
- Weekly income payments for lost wages.
- Treatment and care benefits to cover medical expenses.
- Pain and suffering compensation if your injuries meet the threshold for a common law claim.
- Disability benefits if your injuries result in long-term impairment.
If your injuries are classified as a threshold injury (e.g., soft tissue damage), you may receive weekly benefits for up to 52 weeks. After this period, benefits may be reduced unless your injuries meet the higher standard for a common law claim.
Practical Steps to Take
To support your claim, you must:
- Report the accident immediately to SIRA and local police.
- Document the scene with photos, witness statements, and a written account.
- Seek medical attention to establish the extent of your injuries.
- Keep records of all correspondence with SIRA, including claims forms and correspondence.
SIRA requires evidence that the accident was caused by a motor vehicle and that your injuries resulted from the collision. If the accident occurred on private property (e.g., a car park), you must prove the vehicle was used on a road or public area.
Disputes and When to Seek Advice
If SIRA denies your claim or offers an unsatisfactory settlement, you may need to challenge their decision. Under the Motor Accident Injuries Act 2017, you can request a review by the Motor Accident Claims Tribunal. This process allows you to present new evidence or argue that SIRA misinterpreted the facts.
It is also important to note that SIRA’s rules on the Central Coast are the same as in other parts of NSW. However, local police may have different procedures for investigating hit-and-run incidents. Always contact your local New South Wales Police for assistance.
Example Scenario
Imagine you were hit by an unidentified car while walking on a Central Coast road. You report the accident to police and SIRA, but the driver flees the scene. SIRA will assess your claim based on your injuries and the circumstances of the crash. If your injuries meet the threshold for a common law claim, you may be eligible for additional compensation beyond the statutory benefits.
Next Steps
If your claim is denied or you are unsure about your options, seek legal advice. While SIRA provides a standard process, your individual circumstances may require a tailored approach. Complete the quick, no obligation enquiry form to request contact about your circumstances.