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What happens in a hit & run

What happens in a hit & run

It is an unfortunate reality, but altogether not uncommon, that motor accidents occur in circumstances where the offending vehicle fails to remain on the scene.

If you have been in an accident where you are unable to identify the vehicle responsible, you are still able to bring a claim for any personal injury that you have suffered. In these circumstances there is a State Government insurance fund which is managed by the Government Department known as the “Nominal Defendant” that acts as a compulsory third party insurer of unregistered and/or unidentified vehicles.

Any claim for personal injuries caused by an unidentified vehicle must be brought against the Nominal Defendant. The rules are slightly different with respect to these claims.

There is a very short time frame of 3 months from the date of the incident within which you must lodge a compliant Notice of Accident Claim Form with the Nominal Defendant. Failure to lodge the claim within that time frame will preclude you from being able to pursue any such claim in the absence of you being able to satisfy the Nominal Defendant of a reasonable explanation for the delay.

For injury claims against any other CTP insurer the claim can be lodged at any time after 9 months from the date of accident as long as the Claimant provides a reasonable explanation for the delay. In claims against the Nominal Defendant a Claimant will be statute barred forever from bringing a claim in the event that a claim is lodged later than 9 months from the date of the accident. This is a strict time limit that can not be escaped.

If you have been injured in a motor vehicle from a vehicle that is unregistered and/or unidentified, you should immediately contact us to obtain advice and so that we may take the appropriate steps to protect your interests. Please note that the vehicle does not have to be a car or a truck but can also be any other vehicle that is used on the road including, but not limited to, push bike, quad bike, tractor, crane, bus and any other vehicle.