What is a hit and run car accident?
A hit and run accident refers to any motor vehicle accident where a driver flees the scene without checking to see if you’re okay or exchanging any details.
Can I claim compensation for a hit and run?
Yes, you can claim hit and run compensation from the Compulsory Third Party (CTP) insurer of the owner/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 may still be entitled to claim compensation but your compensation may be reduced.
Who can claim for a hit and run?
A hit and run car accident claim can be made by:
- Any person who sustained an injury due to a motor vehicle accident and the person was not at fault. Here ‘any person’ may include a:
- The dependent(s) of a person gravely injured in a motor vehicle accident (for which the injured person was not at fault.
How to make a hit and run accident claim
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.
In New South Wales, all insurers are required to be part of the Nominal Defendant fund. If you have been injured due to the negligent act of the owner/driver of an uninsured or unidentified car, you can make a personal injury claim through the Nominal Defendant.
What evidence is needed for a hit and run?
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 car accident injuries:
- 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.
How much compensation do you get for a hit and run accident?
The hit and run accident compensation you receive will depend on a number of factors, and is decided on a case-by-case basis. However, it 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 child/ren) 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.
Hit and run compensation time limits
In New South Wales (NSW), you should lodge your claim to the CTP insurer no 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.
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 if you were below 18 years of age at the time the accident took place.
Learn more: personal injury claim time limits
If you have any further queries about the legalities of hit and run compensation in Australia, please don’t hesitate to contact the personal injury lawyers at Owen Hodge for legal advice. We have the best car accident compensation lawyers Sydney has to offer. Schedule your consultation now on 1800 770 780.
More information about motor vehicle accidents:
Frequently asked questions
Contact the police. If there is significant damage to your car and the other driver doesn’t have insurance, you may need to file a police report. If you are looking to make a compensation claim, the police report will assist in supporting your claim.
If someone has hit your car and fled the scene of the crime, or if someone was seriously hurt or died due to the accident, the police could charge them with an indictable offence which could carry jail time or a large fine.
It is good practice for report as soon as possible, and within 24 hours unless there are exceptional circumstances.