9 Jan 2025Help! I’ve been hit by an unidentified vehicle. It didn’t stop and I didn’t get the number plate. I landed in hospital with severe injuries that will take a long time to heal – if ever.
Can I still get compensation if I’m hit by an unidentified vehicle?
I can’t identify the vehicle that hit me, so what can I do? I can’t name someone as being responsible. My life has been turned upside down – I can’t continue in my work, my family is burdened by my new disability.
But there is hope to get monetary compensation for your injuries and loss. Meet the Nominal Defendant.
There is no such person, but rather the Nominal Defendant is a statutory body made up of all Compulsory Third Party (CTP) insurers in NSW. Your personal injury claim form is lodged with the NSW Motor Accidents Authority in the same way it would be if you knew the insurer of the vehicle or driver who hit you. (Please see Motor Accidents Compensation Act 1999 No 41.)
Your claim will then be allocated to one of the CTP insurers which form part of the statutory body and your claim for compensation will then be against that insurer (Please see Motor crash compensation for individuals and their families, NSW Government State Insurance Regulatory Authority.)
What do I do if I have been injured by an unidentified vehicle?
If you have been injured in a hit and run accident, you must contact police. It is a crime to leave the scene of an accident, with penalties of up to two years in jail, and police will try to find the perpetrator.
Make sure you get the name of the police officer and the police report number. Try to get names of witnesses to the accident and take photos of the scene if you are able. (Please see Motor vehicle accidents, The Law Society of NSW.)
The next thing a victim of a hit and run – or any accident where you are injured – should do is get in touch with a lawyer working in personal injury, who can help you make a compensation claim.
What can I claim for if I’m injured by an unidentified vehicle?
You may be able to claim for medical and rehabilitation costs, loss of income due to the injury, and the pain and suffering you have experienced. It is important to contact a lawyer as soon as possible, so they can advise you on the necessary steps in making a claim.
The Nominal Defendant will strongly defend your claim for compensation. It is a requirement in these claims that you to take “all reasonable and realistic” steps to identify the driver, a process called “due enquiry and search”.
Stacks Law Firm has lawyers and investigators experienced in this field who will carry out the necessary enquiries, including police evidence and seeking out possible witnesses.
While actually finding the culprit is unlikely, our lawyers know how far they have to go to satisfy this legal requirement and proceed with the compensation claim.
