Understanding Hit-and-Run Claims in NSW
If you were injured in a motor accident in Greater Sydney and the at-fault driver fled the scene or cannot be identified, you may still be entitled to compensation under the NSW Compulsory Third Party (CTP) insurance scheme. The Motor Accident Injuries Act 2017 (MAIA) and the NSW State Insurance Regulatory Authority (SIRA) provide a clear framework for these claims. You do not need to identify the driver to make a claim, but you must prove the accident occurred, that you were injured as a result, and that the vehicle involved was a motor vehicle. SIRA administers the CTP scheme and oversees claims, including those involving hit-and-run incidents, across Greater Sydney and the rest of NSW.
How SIRA Handles Unidentified Vehicle Claims
SIRA confirms that a claim can proceed even if the responsible vehicle is not identified. The CTP insurer must assess your claim based on the evidence you provide, not on whether the driver is known. The insurer will investigate the incident using available information, including police reports, witness statements, photographs, and medical records. If the insurer determines that a motor vehicle caused your injuries, they are legally required to provide benefits under the MAIA, regardless of whether the driver was caught or identified.
You must notify the insurer as soon as possible after the accident. Delay may affect your ability to claim, particularly if evidence is lost or witnesses cannot be located. SIRA advises that claims for injuries arising from a hit-and-run must still meet the statutory requirements for eligibility, including the need to establish a causal link between the accident and your injuries.
Practical Steps and Evidence That Matter
To support your claim, gather and preserve the following evidence:
- A copy of the police report, if one was filed. Even if no suspect was identified, the report may contain details about the location, time, and circumstances of the accident.
- Photographs of the scene, your injuries, and any damage to your property (e.g. bicycle, clothing, personal items).
- Medical records from your treating practitioner, including diagnosis, treatment plan, and any notes on how the injury affects your daily life.
- Witness contact details, if anyone saw the incident or saw the vehicle flee.
- Details of any delay in receiving treatment, including how long you waited to seek medical help.
SIRA notes that claims involving hit-and-run incidents are assessed on the same basis as other CTP claims. The insurer will not deny a claim solely because the driver is unknown. However, the absence of a known driver may make it harder to obtain certain evidence, so prompt action is essential.
Limitations and Considerations
While you can claim compensation without identifying the driver, there are important limitations. Under the MAIA, benefits are generally limited to 52 weeks if your only injuries are threshold injuries (such as soft tissue injuries). This 52-week cap applies regardless of whether the driver is identified, and it is not extended simply because the vehicle was unidentified.
If you have a threshold injury and no other significant injury, you may not be eligible for damages. The MAIA defines threshold injuries as those that do not result in a permanent impairment of at least 10% of the whole person. If your injury is below this threshold, you may only receive treatment and care benefits and weekly income payments for up to 52 weeks.
A hypothetical example: A cyclist in Sydney’s inner west was struck by a vehicle that sped away. The cyclist sustained a whiplash injury and was treated by a general practitioner and a physiotherapist. No witnesses were present, and the vehicle was not identified. The cyclist submitted a claim to the CTP insurer, including medical reports and a police report noting the incident. The insurer accepted the claim and provided treatment and care benefits and weekly income payments for 52 weeks, as the injury was classified as a threshold injury.
Time Limits and Dispute Options
There is a time limit to begin a claim. Under the MAIA, you must notify the insurer within 3 years of the accident. However, you should notify them as soon as possible to preserve evidence and avoid delays. If you are unable to claim within this period, you may still apply to the NSW Civil and Administrative Tribunal (NCAT) for an extension, but this is not guaranteed.
If your claim is denied or you disagree with the insurer’s assessment, you may dispute the decision. You can request a review from the insurer, and if unresolved, apply to NCAT for a determination. SIRA provides guidance on the dispute process, including how to submit evidence and what to expect during a hearing.
When to Seek Advice
Every claim depends on its own facts. The availability of benefits, the type of injury, and the evidence you have will determine your options. The legal framework is complex, and decisions about eligibility, benefit entitlements, and dispute procedures can have lasting consequences.
To request contact about your circumstances, complete the quick, no obligation enquiry form.