Hit And Run Compensation

Motor Vehicle Accident Compensation NSW: Right to Claim Hit and Run Compensation

You can claim hit and run compensation from the Compulsory Third Party (CTP) insurer of the owner or the driver of the motor vehicle that injured you, provided that negligence can be established. If it is proven that you were also at fault, you will still be entitled to claim compensation. In such an event, your compensation may be reduced.

An application for compensation can be made to a Government insurer or a ‘Nominal Defendant’, where the motor vehicle that caused the injury remains untraceable.

What is a Nominal Defendant

The Nominal Defendant receives hit and run compensation claims from people injured due to the negligent act of the owner or driver of an uninsured or unidentified car. The Nominal Defendant receives funding from the payment of your CTP Insurance.

All claims to the Nominal Defendant must be lodged within the specific time limit as per the law of the State where the accident took place.

In New South Wales (NSW), you should lodge your claim to the CTP insurer not later than 6 months from the date of the accident. Failure to lodge within the stipulated time frame may forever waive your right to claim compensation against the Nominal Defendant.

While making the hit and run accident claim, you might be required to provide certain documentary evidences relating to the expenses incurred by you, and these include:

• Receipts of all medical expenses incurred due to the hit and run injury;
• Receipts for travel and other expenses incurred in the process of receiving treatment;
• Proof of income such as tax returns;
• Documents evidencing your incapability to work such as medical certificates and sick leave forms;
• Proof of loss of your income such as a letter from your employer; and
• Records obtained from your accountant evidencing that you have lost work opportunities in case you run a business.

Eligibility to Claim Hit and Run Compensation

A claim for CTP personal injury compensation for car accidents can be lodged by:

• Any person who has sustained a personal injury due to a motor vehicle accident and the person was not at fault. Here ‘any person’ may include a:
  • Driver
  • Motorcyclist
  • Cyclist
  • Passenger
  • Pedestrian
  • Any other person injured, except the driver of the vehicle causing such injury
• The dependent(s) of a person gravely injured as a result of the motor vehicle accident for which the injured person was not at fault.

Compensation

Your successful claim for compensation against the Nominal Defendant may include:

• Reimbursement of hospital, medical and rehabilitation expenses;
• Compensation for any past and future economic loss and impending medical expenses in relation to the injuries sustained by you;
• Payment of any lump sum amount in situations where the injury has resulted in permanent impairment;
• Payment of a lump sum amount for your pain and suffering; and
• Payment of legal costs in relation to the claim for compensation.

If the injury has resulted in death, then a close relative (including: a spouse or a de facto partner, brother, sister, half-brother, half-sister, parent or children) of the deceased may make a compensation claim. In such situations, the person making the claim will be entitled to receive death benefits and funeral expenses.

Limitation to Make a Claim

If your hit and run compensation claim made to the CTP insurer is not settled within 3 years from the date of the accident, then you can commence Court proceedings prior to the expiry of the 3 year period. This limitation to make a claim extends from 3 years to 6 years in case you were below 18 years of age at the time the accident took place.

If you have any further queries about the legalities of hit and run compensation, please don’t hesitate to contact the personal injury lawyers here at Owen Hodge. We have the best car accident compensation lawyers Sydney has to offer. Schedule your consultation now on 1800 770 780.

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