How SIRA handles hit-and-run claims in NSW
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 with an unidentified vehicle in New South Wales, the State Insurance Regulatory Authority (SIRA) manages your claim under the Compulsory Third Party (CTP) scheme. SIRA provides clear rules for these situations, ensuring injured parties can access compensation even when the at-fault driver cannot be identified.
Key SIRA rules for unidentified vehicle claims
Under NSW law, claims can proceed without identifying the responsible driver. SIRA outlines that compensation is based on the injury's severity, not fault. This means you may still be eligible for benefits like weekly income payments or treatment costs, even if the driver flees the scene.
SIRA also specifies that claims must be made within a reasonable time, typically within 52 weeks of the accident. After this period, certain benefits may be limited if injuries are classified as 'threshold injuries', minor injuries covered under the CTP scheme. However, serious injuries or long-term impairments may still qualify for ongoing support.
Evidence needed for a hit-and-run claim
To support your claim, you'll need to provide:
- Medical records confirming your injuries
- Police reports or accident statements
- Witness statements or contact details
- Proof of income to assess weekly benefit eligibility
- Photographs of the accident scene or vehicle damage
SIRA requires these documents to assess the claim's validity and determine the appropriate level of compensation. Failing to provide sufficient evidence may delay or reduce the benefits you receive.
Time limits and dispute resolution
You must notify SIRA of your claim within 52 weeks of the accident. If the claim is denied, you can request a review or seek mediation through SIRA's dispute resolution process. In some cases, legal advice may be necessary to challenge a decision, especially if you believe the claim was unfairly rejected.
Practical example: A pedestrian hit by an unidentified car
Imagine a pedestrian struck by a car that flees the scene. They seek medical attention, report the accident to police, and submit a claim to SIRA. SIRA evaluates the injury severity, determines it's a threshold injury, and approves weekly payments for 52 weeks. After this period, the benefits stop unless the injury is later reclassified as more serious.
When to seek legal advice
While SIRA handles most claims, complex cases, such as disputes over injury severity or long-term care needs, may require a solicitor. A lawyer can help challenge a denied claim, negotiate better terms, or ensure you meet all procedural deadlines.
Next steps
If you're unsure whether your claim meets SIRA's criteria, or if your case involves unique circumstances, complete the quick, no obligation enquiry form to request contact about your circumstances. Every claim depends on its own facts, and SIRA's rules may vary based on the accident date and injury type.