What to do if you are injured in a “Hit and Run” motor vehicle accident?
In the usual scenario, when you sustain injuries in a car accident, you can file a claim with the CTP (Compulsory Third Party) Insurance provider of the vehicle responsible for the accident.
However, what if you cannot determine who caused the accident, or the vehicle involved is not registered with a CTP Insurance provider? Insurance coverage, except for very severe injuries covered by the National Injury Insurance Scheme, typically relies on identifying the responsible party and the extent of personal injuries. This can be challenging when:
- “Hit and run”.
- The driver of the at-fault vehicle cannot be identified.
- The vehicle involved is not registered.
In such situations, it may initially appear that there is no CTP insurer for the vehicle at fault, and consequently, no insurer to compensate the injured person.
In any of these circumstances, there exists the possibility of pursuing a claim against the Nominal Defendant, which serves as the CTP insurer when an unidentifiable, unregistered, or uninsured motor vehicle is at fault in an accident. In NSW this operates under the Motor Accident Injuries Act 2017 (NSW) and is regulated by SIRA NSW. For claim help, see Jameson Law – Personal Injury.
Nominal Defendant Claim
A Nominal Defendant claim is made to the NSW CTP scheme and an insurer is appointed to manage the claim and pay compensation if successful. Under the NSW scheme, lodge your Personal Injury Benefits claim within 3 months of the accident (aim for within 28 days to receive backdated weekly payments). Damages (common law) claims generally have a 3-year time limit. See SIRA’s overview of CTP injury claims.
Time is critical. Without demonstrating due (proper) inquiry and search, the Nominal Defendant may deny liability because the unidentified status of the at-fault vehicle is unproven. Get legal advice early from Jameson Law to meet deadlines and evidence requirements.
Proper Inquiry and Search
To establish a claim against the Nominal Defendant for an unidentified vehicle, you must show that you made all reasonable efforts to identify the at-fault vehicle — often called proper inquiry and search. Evidence may include a police Event Number and sworn statements. The court can presume a vehicle cannot be identified where proper inquiries have been made but failed. Guidance and forms are available via SIRA – how to make a claim.
What Steps Should I take if I’m Involved in a “Hit and Run” Motor Vehicle Accident?
If you find yourself in a similar situation, even if you do not experience immediate injuries, it is advisable to take the following steps:
- Notify the local police immediately and obtain an Event Number (NSW Police).
- Seek out nearby witnesses.
- Contact nearby residents, businesses and Council to inquire about available CCTV.
- Conduct door-to-door inquiries in the vicinity of the accident.
- Distribute flyers and seek witnesses, dash-cam footage or CCTV footage.
- Place a local notice seeking witnesses or footage.
If your claim for the Nominal Defendant is approved, you may be entitled to compensation for:
- Medical, rehabilitation and hospital costs, including future expenses.
- Loss of income or earning capacity, including future loss.
- Reparation or replacement of damaged property.
- Home modifications and attendant care expenses.
- Non-economic loss (pain and suffering) where the applicable impairment threshold is met.
Jameson Law can assist to ensure strict timeframes are met and that proper inquiry and search are documented to identify the CTP insurer of the at-fault vehicle or establish a Nominal Defendant claim. For a confidential consultation call (02) 8806 0866.
