When you fall prey to a ‘hit and run’ motor accident, you have the legal right to claim hit and run compensation – even if the driver or the vehicle involved in the accident remains unidentified. Contact our expert team of car accident lawyers for more details.
What’s 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.
Motor vehicle accident compensation NSW: the right to claim hit and run compensation
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 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?
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 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.
Learn more: car accident injuries
Who can claim for a hit and run (NSW)?
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:
- 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 for a hit and run accident: what you can receive
Your successful Nominal Defendant claim for compensation or claim against the driver’s insurer, 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.
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.
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Frequently asked questions
It depends on how much evidence you can collect immediately after your accident. If you’ve been able to note down the driver’s license plate (or someone else did), the likelihood of the police identifying the driver significantly increases.
- Try to prevent further damage (i.e. don’t move it)
- Contact the police
- Collect as much information as possible (see if there are any security cameras if it happened at a shopping centre, talk to witnesses and take photos of the damage)
- Speak to a lawyer about claiming for hit and run parked car (Australia) compensation