WHAT HAPPENS AFTER A HIT AND RUN ACCIDENT IN NSW? YOUR RIGHTS UNDER THE CTP SCHEME

WHAT IS A HIT AND RUN ACCIDENT?

From a personal injury perspective, a hit and run accident occurs when a driver collides with a person and fails to stop to provide their details or render assistance. Examples include:

• A pedestrian hit by a car that leaves the scene.
• A cyclist knocked down by a vehicle that doesn’t stop.
• A car vs car accident where one vehicle drives off.
• Any other situation where a motor vehicle involved in a collision cannot be identified.

In many of these cases, the victim may sustain injuries requiring hospital treatment, time off work, or long-term rehabilitation. But without the driver’s identity or insurance details, how can a compensation claim proceed?

ENTER THE NOMINAL DEFENDANT

In NSW, the Motor Accident Injuries Act 2017 (NSW) created a safety net for people injured by uninsured or unidentifiable vehicles. That’s where the Nominal Defendant comes in.

The Nominal Defendant is a statutory body within the NSW CTP (Compulsory Third Party) insurance scheme. It steps into the shoes of the at-fault party’s insurer when:

• The vehicle involved in the accident is uninsured; or
• The vehicle and/or driver responsible for the accident cannot be identified.
• The Nominal Defendant then processes your CTP claim in the same way as a traditional insurer would once some initial legislative pre-requisites are met.

AM I ELIGIBLE TO CLAIM CTP COMPENSATION AFTER A HIT AND RUN?

Yes, if you’ve been injured in a motor vehicle accident in NSW and the other driver is unknown or untraceable, you may be eligible for:

• Statutory benefits: Weekly income support, medical expenses, and care services.
• Lump sum damages: If your injuries are assessed as having sustained ‘non-threshold injuries’, and you were not at fault.

However, to claim against the Nominal Defendant, you must:

• Report the accident to Police within 28 days, and
• Lodge a claim form (known as an ‘Application for Personal Injury Benefits’) within 28 days to receive a back payment of weekly payments to the date of the accident. A claim form can still be submitted up to 3 months after the accident, however a back payment of weekly payments to the date of the accident will not occur without a full and satisfactory explanation for the delay in lodging the claim.

Strict timeframes apply. Failing to notify police or lodge your claim on time may affect your entitlements, even if your injuries are severe.

WHAT SHOULD I DO AFTER A HIT AND RUN

Here are the steps you should take if you’ve been injured in a hit and run accident in NSW:

• Seek medical attention immediately, even for minor symptoms. Your medical records will help support your claim.
• Call the police and report the accident as soon as possible. If the driver is unknown, this is essential to make a Nominal Defendant claim.
• Write down everything you can remember about the vehicle, the colour, make, time, location, witnesses.
• Contact a personal injury lawyer who specialises in CTP and Nominal Defendant claims. Legal advice can help you meet strict time limits and secure the compensation you deserve.

HOW CAN A LAWYER HELP?

The Nominal Defendant scheme exists to protect injured people, but that doesn’t mean the process is simple. These claims are often closely reviewed by insurers for procedural non-compliance.

At Advantage Legal, our team of Accredited Specialists help injured people across NSW navigate the CTP scheme, including complex Nominal Defendant claims. We:

• Ensure your police report and claim form are submitted correctly and on time.
• Work in conjunction with treating doctors and rehabilitation support services to focus on recovery.
• Represent you in disputes regarding who was at fault and general claim eligibility issues.
• Maximise your compensation if your injuries meet the threshold for a lump sum claim.
• Adopt a rehabilitation-focused approach to compensation claims allowing you to devote your energy to your recovery, while we handle the legal and insurance process.