Hit and Run Accident Claim
Written by
Principal Lawyer and Director · Last updated 30 August 2026
4.9 from 265+ verified Google reviews Read all reviews
Getting hit by a driver who then speeds off is one of the most disorienting things that can happen on a NSW road. One minute you are walking home, riding to work, or driving your kids to school. The next minute you are on the road, in shock, watching tail lights disappear. The person who caused your injuries is gone, and it can feel like your chance of any real help disappeared with them.
You are not alone in that feeling, and you are not out of options. In NSW, the law does not leave you to carry the cost of someone else’s decision to flee. A scheme called the Nominal Defendant stands in the place of the unidentified driver, so you can still claim medical treatment, income support, and lump sum compensation, even when nobody knows who hit you.
This page walks you through how a hit and run accident claim works in NSW, what proof you need, the strict 28 day and 3 month deadlines, and what your claim could be worth. If you want to talk it through, call Withstand Lawyers on 1800 952 898 for a free chat.
Hit and Run Accident Claim: Quick Answers
What counts as a hit and run in NSW
A hit and run is any motor vehicle crash where the at fault driver leaves the scene without providing their name, address, and vehicle details, or without stopping to help an injured person. In NSW, that behaviour is a criminal offence under the Road Transport Act. From a compensation point of view, the important question is not whether the driver is caught. It is whether the driver can be identified at all.
If the driver can be identified later (through CCTV, a witness who took a plate, or a police investigation), your claim runs as a standard CTP claim against that driver’s insurer. If the driver stays unknown, your claim runs through the Nominal Defendant. Either way, you are still bringing a NSW CTP claim, and the framework is the same one that covers every other motor vehicle accident injury claim.
The NSW Nominal Defendant scheme in plain English
The Nominal Defendant is a statutory body created by the Motor Accident Injuries Act 2017. It exists so that innocent people injured by unknown or uninsured drivers are not left with nothing. It is funded by a levy on every green slip in the state.
When you make a Nominal Defendant claim, you are claiming against the scheme, and the scheme is represented by a NSW licensed insurer nominated by SIRA. The rules, benefits, and deadlines are almost identical to a normal CTP claim, with one big extra condition: you must prove the driver cannot be identified after “due search and inquiry”.
| Feature | Standard NSW CTP claim | Nominal Defendant (hit and run) |
|---|---|---|
| Who you claim against | The at fault driver’s CTP insurer | Nominal Defendant, via nominated insurer |
| Time to lodge claim | 6 months | 3 months |
| Police report | Recommended within 28 days | Mandatory within 28 days |
| Due search and inquiry | Not required | Required, must be documented |
| Statutory benefits | Available regardless of fault for first 12 months | Same |
| Common law lump sum | Yes, if injury above threshold | Yes, same rules |
| No win no fee available | Yes | Yes |
What to do in the first 72 hours after a hit and run
- Get medical help. Call 000 or get to the nearest emergency department. Symptoms of concussion, internal injury, or whiplash can build over hours.
- Call NSW Police. Report the incident and get an Event Number. This is the single most important document in a Nominal Defendant claim.
- Write down anything you remember. Colour, make, partial plate, direction of travel, time, weather. Even a partial plate can help identify the vehicle.
- Photograph everything. Your injuries, your vehicle or bike, debris on the road, skid marks, and the street signs so location is clear.
- Ask around for CCTV. Petrol stations, businesses, and homes with doorbell cameras near the scene often have footage that overwrites within days.
- Get witness details. Names and phone numbers of anyone who saw the crash.
- Talk to a lawyer early. Our car accident lawyers can help you meet the 3 month deadline.
Due search and inquiry, and why it matters
The Nominal Defendant scheme is not a shortcut around identifying the driver. It is a safety net when identification is genuinely impossible. Before your claim is accepted, you must show that reasonable steps were taken to find the driver. This is called “due search and inquiry”.
In practice, that means a documented list of what was done: police reports lodged, CCTV requested from named businesses, social media appeals posted, community groups messaged, tow truck operators canvassed, and letter drops in the street if that was reasonable. If the scheme insurer thinks you did not try hard enough, they can refuse the claim.
Who can make a hit and run accident claim in NSW
The Nominal Defendant covers a much wider group than most people realise. You do not have to have been driving. If a fleeing vehicle caused your injury, you are likely covered, including as a:
- •Driver hit by an unknown vehicle that did not stop
- •Passenger injured in a car struck by a hit and run driver (car accident passenger claim)
- •Pedestrian hit at a crossing, footpath, or car park (pedestrian injury lawyers)
- •Cyclist hit or forced off the road (cycling injury compensation claims)
- •Motorcyclist hit or run off the road (motorcycle accident compensation lawyers)
- •Rideshare or taxi passenger whose vehicle was struck (Uber accident claim and taxi accident claims)
What your hit and run accident claim could be worth
| Injury type | Typical NSW payout range | What drives the amount |
|---|---|---|
| Soft tissue, minor whiplash | $5,000 to $25,000 | Treatment cost, short income loss |
| Fractured limb or rib | $40,000 to $180,000 | Surgery, rehab, time off work |
| Serious back or neck injury | $150,000 to $650,000 | Permanent restriction, future care |
| Complex orthopaedic, joint replacement | $250,000 to $900,000 | Loss of earning capacity, home help |
| Traumatic brain injury, spinal, catastrophic | $800,000 to $2,000,000+ | Lifetime care, home modifications |
Our CTP lawyers can give you a real, non-generic estimate once we know your injuries.
NSW time limits at a glance
| What you need to do | Time limit | Why it matters |
|---|---|---|
| Report to NSW Police | Within 28 days | Mandatory for Nominal Defendant claims |
| Lodge Personal Injury Claim Form | Within 3 months (hit and run) or 6 months (identified) | Late claims need explanation and can be refused |
| Start statutory benefits | Within 28 days for full backpay | Later lodgement may lose earlier weeks |
| Lump sum common law claim | Within 3 years of the crash | Runs alongside statutory benefits |
Real NSW hit and run scenarios
| Scenario | Injuries | Outcome |
|---|---|---|
| Aisha, 34, Parramatta. Rear ended at traffic lights on Church Street by a ute that swerved onto a side street. | Concussion, cervical disc bulge, 4 months off as dental nurse. | Nominal Defendant accepted after CCTV. Common law settlement $215,000. |
| Jack, 41, Newcastle. Cyclist hit from behind on the Fernleigh Track spur road. | Fractured pelvis, shoulder surgery, 9 months off as electrician. | Nominal Defendant, driver never identified. Total around $480,000. |
| Elena, 58, Wagga Wagga. Pedestrian struck at pub car park exit. | Compound fracture of lower leg, ongoing walking difficulty. | Partial plate led to identification. Common law settlement $340,000. |
| Damon, 27, Coffs Harbour. Motorcyclist forced off Pacific Highway by semi trailer that did not stop. | Fractured wrist, ACL rupture, PTSD, unable to return to shift work. | Nominal Defendant accepted. Settlement around $620,000. |
Frequently asked questions about NSW hit and run accident claims
What if I did not get the number plate of the car that hit me?
Is a hit and run a criminal matter as well?
I was drunk or partly at fault, can I still claim?
I only found out weeks later that I was hurt, is it too late?
What if the hit and run driver is later identified?
Can passengers claim in a hit and run accident?
Are cyclists and pedestrians covered by hit and run compensation?
How long does a NSW hit and run compensation claim take?
Do I need to go to court to get compensation for a hit and run?
How much does it cost to hire Withstand Lawyers?
Why choose Withstand Lawyers?
Being hit and abandoned is bad enough. The last thing you need is a law firm that treats you like a file number. Withstand runs every hit and run claim personally, with a single lawyer point of contact from the day you call to the day you settle. We know the Nominal Defendant scheme, we know the insurers, and we know how to run due search and inquiry so your claim is not knocked back on a technicality.
Over $60 million recovered since 2014, 99% success rate, 4.9 stars on Google, no win no fee.
Call 1800 952 898 for a free claim check
No Win No Fee
99% Success Rate
Maximum Lump Sum Payout
About the author
Issa Rabaya · Principal Lawyer and Director
✓ Admitted to the Supreme Court of NSW and High Court of Australia ✓ LLB ✓ IRO-approved ✓ Law Society of NSW
Acts for injured people in CTP, workers compensation, TPD and public liability claims.
4.9 ★ — 265+ Reviews
“Working with Esther has been an absolute blessing during an incredibly difficult time. Anyone who has ever had to navigate an insurance claim knows just how difficult, overwhelming, and anxiety-inducing the entire process can be. Before reaching out to Withstand Lawyers, I was constantly stressed and deeply overwhelmed by the system. The firm made the initial intake process incredibly smooth, and they placed me in the hands of my lawyer, Esther. From that moment on, from the first conversation, I finally found my solid ground.
Esther has completely transformed how I navigate this unfortunate situation. Because she handles my matter directly, I have a direct line of contact with her and never have to jump through hoops to get support. Esther’s presence alone has given me immense confidence in my claim. What sets her apart is her perfect balance of professional mastery and genuine empathy. As a client, having a lawyer who truly listens and supports you when your mind is filled with doubt is a massive relief. She doesn’t just manage a file — she consistently protects her client’s peace of mind. Her recommendations are always highly logical, realistic, and clear-cut. She cuts through the legal confusion and tells you exactly where you stand, which is exactly what you need during the hardest times of your life.
I feel incredibly lucky to have Esther and her team at Withstand Lawyers by my side. For anyone out there facing a difficult time with an insurer and looking for a legal advocate who offers absolute clarity, strength, and compassion — I cannot recommend Esther highly enough. She is a truly admirable professional who genuinely cares about the people she protects. Truly grateful!”
“I have searched top lawyers (personal injury) in Sydney. I found Withstand Lawyers so I rang them up and asked I need lawyers that are nicer and more understanding despite what I am going through. They exceeded my expectations especially Issa, he always remind everyone to be more cautious when speaking to me and I really appreciate that. I am satisfied that my case (MVA) turned out to be successful. Withstand lawyers is more than 5 stars. Can’t recommend highly enough.”
“I would like to express my deepest appreciation for the incredible support I’ve received over the past 4.5 years. My case has been long, complicated, and filled with challenges, but Issa and his team stood by me through every step with genuine care, professionalism, and dedication. Their compassion has meant just as much to me as their legal expertise. They didn’t just handle my case, they helped me through some of the most difficult years of my life. I wholeheartedly recommend them to anyone who needs genuine support, honesty, and a team that truly cares about your wellbeing.”
“Thank you Withstand Lawyer for your exceptional work, professionalism and easy process for successfully assisting me with my TPD claim. I am thankful for your support. I highly recommend Withstand Lawyers and the services they provide.”
“Had a very positive experience with Withstand Lawyers. The team was professional, knowledgeable, and supportive throughout the entire process. They took the time to explain everything clearly, kept me informed at every stage, and responded promptly to my questions. Their attention to detail and commitment to achieving the best possible outcome gave me confidence from start to finish. I truly appreciate their dedication and excellent service, and I would highly recommend Withstand Lawyers to anyone looking for reliable and trustworthy service.”
Meet Your Motor Vehicle Accident Lawyers
Every motor vehicle accident claim is handled by a personal injury lawyer with dedicated motor vehicle accident experience.
Issa Rabaya
Director, Lawyer
Founder and Director with 12 years' experience since his 2014 admission, previously at the largest litigation law firm in Australia. A personal injury lawyer for serious injuries, leading Withstand Lawyers' work across every claim type, with settlements reaching into the millions, including a $6.3 million motor vehicle accident result.
View profile →
Minaa Mohmand
Special Counsel
Special Counsel with over a decade of experience since 2016, handling complex, higher-value claims: serious injuries, disputed liability and matters heading to litigation, across motor vehicle accidents, work injury damages, public liability and TPD.
View profile →
Esther Ihn
Senior Associate
Senior Associate with over a decade of experience exclusively in personal injury claims since 2014, handling hundreds of matters across motor vehicle accidents, workers compensation, work injury damages and public liability. The team's go-to for serious-injury claims.
View profile →
Mihana Wen
Associate
Associate with 6 years' experience since 2020 and a recent $1.95 million motor vehicle accident settlement, known for not taking no for an answer and lodging appeal submissions for injuries insurers try to deem below the 11% whole person impairment threshold for pain and suffering. The go-to for car accident claims, guiding clients from the first CTP submission through to settlement with a compassionate, hands-on approach.
View profile →