Personal Injury
Hit and Run Compensation

As soon as you are able to do so you should consult an expert and experienced personal injury lawyer to fully investigate the circumstances of the accident by obtaining a police report and conducting due enquiry and search to try and identify the driver and motor vehicle involved in the hit and run accident. This needs to be done as soon after the accident as possible before the trail gets cold. Failure to conduct due enquiry and search in a timely fashion could be fatal to your claim.

An experienced and knowledgeable lawyer in this area of law will also visit the scene of the accident and make his or her own enquiries about what happened from any possible witnesses who may reside in the area.

Yes, definitely. Such claims are made against the Nominal Defendant pursuant through the Nominal Defendant fund. This fund is administered by the Motor Accidents Authority and allocates claims made against the Nominal Defendant to one of the several greenslip/compulsory third party insurers in New South Wales.

The compensation to which you may be entitled is no different to the compensation to which you would be entitled if you are able to identify the motor vehicle involved in the accident.

It is still necessary, however, for you to prove that the accident was caused by the negligence of the driver of the unidentified motor vehicle.

Unlike cases where the driver has been identified, the insurer is at a distinct disadvantage in defending hit and run claims because they are unable to interview the driver of the motor vehicle involved to get his or her version of events.

Hit and run accidents involve not only pedestrians, motorcyclists and cyclists who have been hit by motor vehicles, but also the drivers of motor vehicles who have had to take evasive, dangerous action to try and avoid a collision with another motor vehicle, namely an unidentified motor vehicle which was being driven negligently.

The amount of compensation will depend on the severity of your injuries. If you have suffered minor injuries the compensation will probably be limited to the payment of medical expenses and, if you have been unable to work, part of your wages, for a closed period of time.

If however you have suffered serious long-term injuries, including mental injuries because of the negligence of the driver of a motor vehicle which failed to stop after the accident, you are likely to be entitled to be compensated by way of common law damages which covers pain and suffering, and future loss of earnings and loss of working and earning capacity. Such compensation is paid in a single, once-and-for-all tax-free lump sum.

There are strict time limits which apply for lodging a claim and, if necessary, for commencing court proceedings.

It is highly advisable that you consult an expert personal injury lawyer as soon after the accident as possible to advise you about the time limits, to conduct the due enquiry and search as referred to above, and to take whatever steps that are necessary to protect and promote your rights to compensation.

This really depends on the severity of her injuries and the circumstances of the accident.

If the insurer to which your case has been allocated by the Nominal Defendant is suspicious of the circumstances of the accident and intends to contest your allegation that your injuries were caused by the fault of an unidentified driver of a motor vehicle your claim will probably have to be litigated in court. This could delay the finalisation of your claim by a year or more.

Furthermore, if your injuries are serious it is prudent not to settle or finalise your claim until the full extent of your injuries and their consequences on your future lifestyle and working capacity are reasonably capable of being predicted through medical evidence and the passage of time.

Your expert and knowledgeable personal injury lawyer will know when there is enough information available to him or her to proceed to a finalisation of your claim.