In the aftermath of a hit and run accident, the silence left behind by the fleeing driver can be overwhelming. You’re left with physical injuries, emotional distress, and the haunting question: what now? If you’re searching for answers about how to make a hit and run accident claim, looking for trusted hit and run lawyers, or trying to understand your rights to hit and run compensation, you’re not alone. Every year in Australia, countless victims find themselves grappling with the same uncertainty, unsure of their legal standing or where to begin. At Withstand Lawyers, we believe no one should have to face this journey alone. This guide is here to help you find clarity, confidence, and the path forward.
What is the Nominal Defendant in a Hit and Run Accident?
The Nominal Defendant is a statutory body that provides compensation to people injured in motor vehicle accidents where the at-fault driver cannot be identified or is uninsured. In hit and run cases, where the responsible driver flees the scene, the Nominal Defendant acts as an insurer, ensuring that injured parties can still access financial support for their losses. This means that even if the driver at fault is unknown, you may still be eligible to make a hit and run accident claim and receive compensation through this scheme.
What Should You Do After Being Injured in a Hit and Run Accident?
After a hit and run accident, the situation can feel chaotic and confusing. Normally, both drivers would exchange key details such as names, contact information, driver’s licence numbers, insurance details, and witness statements. But when the at-fault driver flees the scene, you’re left to gather as much evidence as possible on your own. This includes taking clear photos and videos of the accident scene, vehicle damage, and any injuries sustained. It’s also critical to report the incident to the police immediately—include the date, time, location, and a full account of any injuries.
While you may still be eligible for hit and run compensation through schemes like the Nominal Defendant, failing to show reasonable efforts to identify the driver could impact your claim.
To protect your rights and strengthen your hit and run accident claim, we strongly recommend you contact our experienced motor vehicle accident lawyers. We can help guide you through the legal steps and ensure you meet all necessary requirements to make your claim for hit and run compensation. Contact us today for a free claim assessment, and learn how we can represent you on a No Win No Fee basis.
What Are the Time Limits for Making a Hit and Run or Motor Vehicle Accident Claim?
Strict time limits apply when making a motor vehicle accident claim in New South Wales, especially in cases involving a hit and run accident. If you’re seeking compensation, such as lost wages or medical expenses, it’s important to act quickly.
Within 28 Days: If you’re seeking weekly income support or medical reimbursements, you must report the accident to police and submit a Personal Injury Benefits form within 28 days from the date of the accident.
Within 3 Months: If you’re not claiming for lost income, you still have up to 3 months to lodge the Personal Injury Benefits form to access initial benefits.
Within 3 Years: If your injuries are assessed as non-minor, you may be eligible for common law damages, which include pain and suffering or future economic loss. These claims must be made within 3 years of the accident date.
Failing to meet these deadlines may impact your right to claim. Speak with our experienced hit and run lawyers today for more personalised information regarding your rights after a hit and run accident. We offer a free claim assessment to help you understand the time limits surrounding your claim and ensure your hit and run compensation entitlements are protected.
What Evidence Do You Need for a Hit and Run Accident Claim?
To successfully make a hit and run accident claim and receive compensation, it’s essential to gather strong and detailed evidence. This helps prove both the incident and the extent of your injuries or losses. Below is the key documentation you’ll need:
Proof of the Accident: Photos or videos of the crash scene, vehicle damage, debris, and road conditions.
Efforts to Identify the Driver: Evidence of your genuine attempts to identify the unknown driver, such as witness details, CCTV footage requests, or police reports.
Medical Documentation: Medical certificates, hospital records, and reports from your treating doctors outlining the injuries sustained.
Receipts for Medical Expenses: Invoices or receipts for treatment, medication, rehabilitation, and any ongoing care.
Travel and Other Expense Receipts: Proof of costs related to transport to medical appointments or other accident-related expenses.
Proof of Income Loss: Payslips, employer statements, or financial documents showing loss of income due to the injury.
Collecting this evidence early and thoroughly is critical. At Withstand Lawyers, our hit and run lawyers can assist you in gathering the right documents and ensuring your hit and run compensation claim is properly prepared from the start, all on a No Win No Fee basis. Contact our car accident lawyers today for a free claim assessment to know where you stand after a hit and run accident.
How Much Compensation Can You Receive for a Hit and Run Accident?
The claimant can proceed with the claim through the Nominal Defendant just as in a normal accidental motor vehicle collision. The entitlements of the claimant and the compensation will not be higher or lower than a normal motor vehicle accident claim.
In NSW, the extent of motor accident compensation includes income replacements due to being off work based on a proportion of pre-accident income and medical assistance payments. However, for non-minor injuries, the claimant can claim beyond 6 months by way of claiming a lump sum payment. A lump sum payment can be awarded to those suffering permanent loss of earning capacity and non-minor injuries due to the accident.
After a hit and run accident, you may receive:
✅ Medical expenses as a result of the accident
✅ Compensation to take into account your future loss of income and/or loss of opportunity
✅ Pain and suffering lump sum compensation by way of a payout if injuries are assessed at being greater than 10% whole person impairment
✅ Payment of legal costs related to the claim for compensation
The lump sum compensation to be awarded to the claimant can vary according to the contributory negligence factor and the circumstances prior to the accident. Contributory negligence is defined as the contribution to the accident which led to the accident. Such as driving slightly above the speed limit, not fastening the seatbelt, or ignoring the following distance in rear-end collisions.
If the injury has resulted in death to you, a close relative of the deceased (spouse, de facto partner, sibling, parent or children) may be eligible to make a compensation claim. In such situations, the person making the claim might receive death benefits and funeral expenses.
Unable to Work After a Hit and Run Accident Injury? You May Be Eligible for TPD Superannuation Benefits
If you’ve been injured in a hit and run accident and cannot return to work, you may be entitled to claim Total and Permanent Disability (TPD) superannuation benefits, regardless of the specific type of injury. The amount you can receive depends on your individual insurance policy and the level of cover within your super fund, not your personal super balance. It does not depend on how the injury occurs, nor does it matter who was at fault.
Don’t leave your entitlements unclaimed. Contact our experienced TPD lawyers today for a free claim assessment. Our experienced TPD lawyers will guide you through the process and help you understand your rights and options with zero upfront costs. Click here to see how we operate on a No Win No Fee basis.
Experienced Hit and Run Accident Lawyers | Get the Compensation You Deserve
Under Australian law, fleeing the scene of an accident is considered a serious criminal offence, and the driver responsible can face severe penalties. As the injured party, you are not only protected but also entitled to pursue compensation to help recover your losses and manage your pain.
Hit and run accident claims fall under the broader umbrella of personal injury law, which can be legally complex, especially when the at-fault driver is unidentified. Even though you didn’t cause the accident, there are strict requirements you must meet to make a successful claim. That’s why it’s crucial to have knowledgeable hit and run accident lawyers on your side.
At Withstand Lawyers, we specialise in helping clients navigate this process with confidence. We’re committed to maximising your compensation entitlements and making the legal journey as smooth as possible.
📞 Call us now on 1800 952 898 or fill out our online form below for a free claim assessment, and let us help you take the next step towards securing the compensation you deserve.
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
