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. However, if the claimant becomes aware of the accident later, the time limit starts from when they became aware. For example, if you were injured in a hit-and-run but only sought medical attention weeks later, the three-year period would begin from the date you became aware of the injury, not the accident itself.
How SIRA Guidelines Apply to Hit-and-Run Claims
The State Insurance Regulatory Authority (SIRA) oversees the CTP scheme and provides guidance on claims. SIRA’s guidelines state that claims must be reported to them as soon as possible, ideally within 28 days of the accident. If the at-fault driver is unidentified, the claimant should still report the incident to the police and SIRA. SIRA will then investigate and attempt to identify the driver. If the driver cannot be found, the claimant may still pursue compensation for injuries, medical treatment, and lost income, provided they meet the scheme’s criteria.
Practical Steps to Take After a Hit-and-Run
To ensure your claim is processed correctly, take the following steps:
- Report the incident immediately: Contact the police and provide details of the accident, including the time, location, and description of the vehicle if possible.
- Seek medical attention: Even if injuries seem minor, consult a medical practitioner to document any symptoms. Delayed treatment can affect your claim.
- Preserve evidence: Gather photos of the accident scene, witness statements, and any relevant documents like medical records or accident reports.
- Notify SIRA: Submit a claim to SIRA as soon as possible. They will assess your case and determine your eligibility for benefits.
Time Limits and Dispute Options
Under NSW law, claims must be made within three years of the accident. However, if the claimant becomes aware of the injury later, the time limit starts from when they became aware. Missing this deadline can result in your claim being rejected. If you believe the claim was unfairly denied, you may need to challenge the decision. SIRA provides a formal review process, and you can also seek independent legal advice to explore further options.
Example: What Happens if You Miss the Time Limit?
Consider this scenario: You were hit by an unidentified vehicle in Western Sydney and reported the incident to the police. However, you delayed seeking medical treatment and did not notify SIRA for six months. If the three-year time limit has passed, your claim may be rejected. SIRA will assess whether the delay was reasonable and whether the claimant acted promptly once they became aware of the injury. Delays in reporting or seeking treatment can weaken your case.
When to Seek Legal Advice
If you are unsure whether your claim is time-barred or if you need assistance with the claims process, it is important to seek legal advice. A solicitor can help you understand your rights, ensure all deadlines are met, and represent you if your claim is disputed. Legal advice is particularly important if the accident involved complex circumstances, such as injuries requiring long-term treatment or disputes over fault.
Final Steps for Claimants
If you were involved in a hit-and-run accident in NSW and are unsure about your options, take the following actions:
- Report the incident to the police and SIRA as soon as possible.
- Seek medical attention to document your injuries.
- Gather evidence such as witness statements and photos.
- Submit a claim to SIRA within three years of the accident.
- Contact a legal professional if you need help with the claims process or if your claim is denied.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.