Time Limits for Hit-and-Run Claims in NSW
If you were involved in a hit-and-run accident in New South Wales and the at-fault driver cannot be identified, you may still be eligible for compensation under the NSW Compulsory Third Party (CTP) scheme. However, time limits apply. Under the Motor Accident Injuries Act 2017, claims must generally be made within three years of the accident date. This applies even if the driver flees the scene or cannot be identified. Delaying a claim beyond this period may result in the claim being rejected.
How SIRA Handles Claims Involving Unidentified Vehicles
The State Insurance Regulatory Authority (SIRA) administers the CTP scheme. If the at-fault driver is unidentified, you can still make a claim by providing evidence of the accident and your injuries. SIRA will assess your claim based on the available information, including medical records, witness statements, and police reports. However, the lack of a named driver does not automatically disqualify your claim.
Practical Steps for Claimants in Bankstown
To meet time limits and strengthen your claim, take the following steps:
- Notify the CTP insurer as soon as possible. Even if the driver is unidentified, you can contact the relevant insurer (usually the owner of the at-fault vehicle) to report the accident.
- Document the accident. Gather evidence such as photographs of the scene, witness details, and a written account of the incident.
- Seek medical attention. Documenting injuries is crucial, as it supports your claim for treatment and care benefits.
- Preserve all records. Keep copies of medical reports, accident reports, and any correspondence with insurers.
When to Seek Legal Advice
If you are unsure about your claim's viability or need help meeting time limits, consult a legal professional. Claims involving unidentified vehicles can be complex, and deadlines must be strictly followed. A solicitor can help ensure your claim is submitted correctly and on time.
Example Scenario
Consider a pedestrian in Bankstown who is hit by a car and flees the scene. The pedestrian seeks medical treatment and later discovers the accident occurred on a busy road. Despite the lack of a named driver, the pedestrian can still claim compensation under the CTP scheme, provided they act within the three-year time limit.
Next Steps
Time limits for CTP claims depend on the accident date, injury type, and claim history. To request contact about your circumstances, complete the quick, no obligation enquiry form.