Under the NSW Compulsory Third Party (CTP) scheme, the party suffering the consequences of someone else’s fault can take legal action to recover their loss. However, in a hit and run accident, this process may be more complex as the person at fault is unknown. To overcome injustice, victims can claim motor accident compensation through the Nominal Defendant.
What is the Nominal Defendant?
The Nominal Defendant fund is a statutory body that acts as a scheme insurer during the process to compensate for the loss of the party in need. Just because the driver at fault is unable to be identified does not mean the injured party is unable to be compensated due to a motor vehicle accident.
What do I do after being injured in a hit and run accident?
Normally after a motor vehicle accident, both parties should exchange their information. This includes personal information, contact details, license number of the other vehicle (if any), insurance contact details and witness statements (if possible). Videos and pictures of the accident scene may also be needed to prove the accident. The accident then should be reported to police as soon as possible with the date, details and injuries. Although the injured party can still claim compensation it does not mean there are no consequences for not exchanging details. The consequences of running away after a hit and run accident can lead to cancellation of a driver license, fines and even imprisonment. We recommend you contact our motor vehicle accident lawyers to seek assistance and organise further steps required to make a motor vehicle accident claim as you may be considered as not doing enough to identify the unidentified party.
There are important time limits that apply in making a motor vehicle accident claim. The first one is to report the accident to the police and lodge the Personal Injury Benefits form within 28 days if you are seeking reimbursement of income. If not you have 3 months to lodge the Personal Injury Benefits Form from the date of the accident. If your injuries are determined to be non-minor then you can also make a claim for modified common law damages for economic loss and pain and suffering that must be made within 3 years from the date of the accident. Our motor vehicle accident lawyers can assist you with providing you with free advice on time limits to ensure you make a motor vehicle accident claim within the prescribed strict time limit.
What evidence is needed for a hit and run accident claim?
- Proof of the accident
- Proof of your genuine attempts at identifying the unidentified driver
- Medical expense receipts
- Travelling and other expenses receipts
- Proof of income
- Medical certificates
Hit and run compensation amount and benefits
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 (spouse, de facto partner, sibling, parent or children) of the deceased, you may be eligible to make a compensation claim. In such situations, the person making the claim might receive death benefits and funeral expenses.
Hit and run accident lawyers
Under Australian law, the runaway driver will be punished with serious and intentional crimes. On the other hand, you will be protected and assisted to recover your loss and ease your pain. You can be certain that you won’t find yourself in an unknown situation. Personal injury law is a complex practice and, especially hit and run accident claims as there are certain requirements placed on you even if you did not cause the accident. Withstand Lawyers prides itself in helping claimants maximise their compensation entitlements in hit and run accident claims. Call us for a free claim assessment or fill out the form below!