If you were injured in a hit-and-run accident in Bathurst, NSW, you may have questions about how long you have to claim compensation. Under NSW law, time limits apply to all motor accident claims, including those involving unidentified vehicles. This article explains the key rules, how SIRA handles such cases, and what evidence you may need to support your claim.
Time Limits for CTP Claims in NSW
The Statute of Limitations under the Motor Accident Injuries Act 2017 means you must start a claim within three years of the accident date. This applies even if the at-fault driver cannot be identified. For example, if you were hit by a vehicle that fled the scene on 1 January 2026, you would need to notify SIRA or your insurer by 31 December 2029 to preserve your right to claim.
However, there are exceptions. If the accident caused threshold injuries (such as soft tissue damage), you may have to act faster. Under the Act, weekly benefits and treatment payments are generally limited to 52 weeks after the accident if the injuries are only threshold injuries. This means you should seek medical attention and notify SIRA promptly to avoid losing benefits.
How SIRA Handles Unidentified Vehicle Claims
SIRA (State Insurance Regulatory Authority) manages claims under the Compulsory Third Party (CTP) scheme. If the at-fault driver is unidentified, SIRA will still process your claim based on the no-fault principle. This means you can claim for injuries, treatment, and lost income without needing to prove who caused the accident.
To support your claim, you’ll need to provide:
- A police report confirming the hit-and-run
- Medical records showing your injuries
- Evidence of income loss (e.g., payslips)
- Witness statements if available
SIRA will assess your claim based on the Motor Accident Guidelines, which outline how injuries are classified and what benefits are available. For example, if your injuries meet the threshold for soft tissue damage, you may be eligible for treatment and income support.
Practical Steps for Hit-and-Run Claims
- Seek immediate medical attention to document your injuries. Even minor injuries may worsen over time.
- Report the accident to police and obtain a report. This is critical for proving the incident occurred.
- Notify SIRA or your insurer within three years of the accident. Delays may reduce your ability to claim benefits.
- Keep all evidence related to the accident, including photos of the scene, witness contact details, and medical bills.
If you’re unsure whether your claim is valid, consider consulting a legal professional. While this article provides general guidance, your circumstances may involve unique factors such as multiple accidents, pre-existing injuries, or disputes over the extent of your injuries.
When to Seek Legal Advice
You should seek legal advice if:
- You’re unsure whether your injuries qualify for benefits
- You’ve been denied a claim by SIRA
- You’re facing a dispute over the value of your claim
- You need help navigating the 3-year time limit
Legal professionals can help you understand how the no-fault system applies to your case and ensure you meet all deadlines.
Next Steps
Time limits and procedural requirements can vary depending on the date of your accident and the nature of your injuries. To request contact about your circumstances, complete the quick, no obligation enquiry form.