What Happens After a Hit and Run Accident in NSW?

A hit and run accident can be traumatic and confusing, especially when the at-fault driver flees the scene and cannot be identified. Many victims assume they have no way to recover compensation. In New South Wales, that is not correct – the CTP scheme provides a clear pathway to support and compensation through the Nominal Defendant.

What Is a Hit and Run Accident?

A hit and run occurs when a motor vehicle causes injury or damage in an accident and the driver fails to stop and provide details. Common examples include:

1. A pedestrian struck by a vehicle that drives away
2. A cyclist hit by a car that flees
3. A collision between two vehicles where one driver leaves the scene
4. Any accident involving an unidentified motor vehicle

The Role of the Nominal Defendant

The Nominal Defendant is a statutory entity established under the Motor Accident Injuries Act 2017. It effectively stands in the place of the at-fault driver’s CTP insurer when:

1. The vehicle is uninsured, or
2. The vehicle and driver cannot be identified

Once the necessary requirements are met, the Nominal Defendant processes claims in the same way as any other CTP insurer.

Are You Eligible for Compensation?

Yes. If you are injured in a NSW motor vehicle accident caused by an unidentified driver, you can claim:

1. Statutory benefits – weekly income support, medical and treatment expenses, and domestic assistance
2. Common law (lump sum) damages – if your injury is assessed as greater than 10% whole person impairment and you were not wholly at fault

Strict Time Limits Apply

To preserve your full entitlements against the Nominal Defendant you must:

1. Report the accident to NSW Police within 28 days
2. Lodge your claim form (Application for Personal Injury Benefits) within 28 days of the accident to receive backdated weekly payments

   – Claims can be lodged up to 3 months after the accident, but backdated weekly payments will only be made if there is a reasonable excuse for the delay

Missing these deadlines can significantly reduce or eliminate your benefits.

Immediate Steps After a Hit and Run

1. Seek medical attention straight away – even for seemingly minor injuries
2. Report the accident to police as soon as possible (essential for Nominal Defendant claims)
3. Record every detail you can: vehicle description, partial registration, location, time, witnesses
4. Contact a lawyer experienced in CTP and Nominal Defendant claims to ensure deadlines are met and your claim is maximised

Hit and run accidents do not leave you without options in NSW. Act quickly, report the incident, and seek expert legal advice to secure the compensation and support you are entitled to under the CTP scheme.

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