Hit and Run Accident Lawyers

When you’re involved in motor vehicle accidents, there are standard protocols you need to follow, that are mandatory by law. You must stop your vehicle, inquire about the incident, and gather details with the other parties involved.

A motor vehicle incident is classified as a hit-and-run case when the vehicle or driver responsible for the damage drives off without giving their contact and insurance details to the injured person involved in the accident.

Any negligent behavior behind the wheel can lead to car accidents. But when a driver flees the scene of a car accident, it is a blatant disregard for the injuries sustained or the economic loss caused to the victim and their family.

Failing to stop the car when a hit-and-run accident occurs can result in heavy penalties or even imprisonment. As a result, right from the vehicle involved in the accident to the driver (usually the one at fault), becomes part of a crime scene.

The legal implications for a hit-and-run case are more critical than what you face for a standard motor vehicle accident. For one, they are harder to prove, especially when there’s no witness to the scene.

The person who’s been injured in a hit-and-run accident must show substantial evidence to support their claim. Though it is difficult given the circumstances, the injured party can still follow standard protocols:

• Reporting the incident to the authorities and retaining copies of police reports
• Recording any details shared about the offending driver, vehicle, and plate number
• Getting statements from witnesses (if any) by recording all conversations
• Submitting all information surrounding your case to the relevant CTP insurer
• Contacting a personal injury lawyer to assist you with compensation for a hit

Every person in NSW has the legal right to file for claims in case of a hit-and-run incident, even if the driver responsible for the hit has not been identified. You must ensure the claim form is lodged within the first 3 months from when the incident took place.

The Motor Accident Injuries Act in New South Wales works to protect all individuals who’ve been a victim of a hit-and-run accident.

To prevent future economic loss, the legislation introduced a compulsory third-party (CTP) insurance scheme in 2017. It gives all injured road drivers access to a range of legal benefits, regardless of the fault, unless the driver has engaged in criminal activity.

Under the CTP scheme, standard conditions apply with strict time limits and capped benefits for minor injuries. In cases of whole-person impairment, the victim may be entitled to a lump sum compensation to cover their pain and suffering.

The amount of compensation may be reduced if the victim was partly responsible for causing the accident or their injuries. This is called ‘contributory negligence’. 

The CTP scheme aims to resolve multiple grievances that arise from a hit-and-run case, such as rehabilitation expenses, loss of employment, psychological injuries, and the compensation entitled to the dependents (family or spouse).

Yes, a motor vehicle accident that is unaccounted for wherein the driver flees the scene is considered a hit-and-run accident. As per the law, you must stop immediately and help people who might be injured.

Additionally, you should exchange names and addresses with the other driver or property owner – for example, if you hit someone’s mailbox. You must also report such an incident to the local authorities, even if the accident is not your fault.

Leaving the scene of an accident is considered a punishable offense where the police can charge you with the following offences:

• failing to stop after an accident occurred
• failing to offer assistance to the injured person
• failing to swap contact information and insurance details
• failing to report an accident to a police station

The Crimes Act 1900 states that if a person sustains grievous injuries in an accident, which may cause whole-person impairment, a driver who fails to take accountability for such an incident may be imprisoned for up to seven years.

Additionally, a driver may also be incarcerated for 10 years under the same Act if they fail to stop and assist someone who dies as a result of a hit-and-run accident.

According to the Road Rules 2014, it is mandatory for drivers involved in a crash to identify themselves, exchange contact information, and share other details, such as a driver’s license and insurance papers.

It is mandatory to share the same information and details about the accident with the police, in case the injuries sustained result in sudden death.

If you’re able to record or obtain the registration number of a vehicle that hit you, you should contact the State Insurance Regulatory Authority (SIRA) by phone, email, or fill out the general inquiries form.

The regulatory body will track further details about the unidentified car, including the driver’s name and their Compulsory Third Party insurer. Once you receive these details, you can submit a direct hit-and-run compensation claim to their CTP insurer.

If you too have sustained injuries because of a motor vehicle accident, get in touch with BurkeMead Lawyers for expert legal advice. We can help you determine whether or not you are entitled to compensation and guide you on the process accordingly.

You can share acute details of the accident, such as where and when it happened, and the type of injuries sustained – both physical and psychological. The BurkeMead team will review your case history and provide suitable solutions, applicable by law.

In most hit-and-run accidents, there are enough witnesses and evidence for the local authorities to identify the offender. But this may not always be the case. Some hit-and-run victims have little to no information which makes it difficult to track the driver or sustain a personal injury claim.

But even if you’re a hit-and-run victim, you still have the right to submit your claim and expect compensation for personal injuries. This is known as a Nominal Defendant Claim which is funded through a separate legal body that acts as the Compulsory Third Party Insurer.

You can submit a Nominal Defendant claim to the State Insurance Regulatory Authority, who will then allocate a CTP insurer for your case to manage your claim. Your CTP insurer is also responsible for paying you compensation if your claim is accepted. This claim should be made within 6 months from the date of the hit-and-run accident.

As legal professionals in Personal Injury Law, BurkeMead Lawyers can help you navigate the claims process and seek financial compensation.

If you’ve been injured in a hit-and-run accident, our expert team can collect evidence, draft paperwork, negotiate with insurance providers, and represent you in court when there’s a dispute.

Hit-and-run compensation amounts may vary depending on a range of factors. For instance, the nature of the injury sustained as a result of the accident.

If you are uncertain about how much you’re owed, contact BurkeMead Lawyers to understand your legal obligations and entitlements. Our qualified personal injury lawyers can provide you with clear, actionable advice after reviewing your case.

For effective and professional advice on your claim, call us today.