Were you injured in a motor vehicle accident where the at-fault driver fled the scene? In Queensland, there’s still a pathway to compensation even if the at-fault driver is unknown or the vehicle is unidentified or unregistered. Here’s how you might be able to make a claim for compensation, so that you can access the financial support you’re entitled to for the injuries sustained.
What is a hit and run accident?
Legally, all drivers involved in a traffic accident must stop and give their name and address to the other person involved regardless of who is at fault (and vice versa). A hit and run accident is any kind of situation where one driver or operator of a vehicle leaves the scene without providing their personal details or checking the wellbeing of any other road users involved. Road users include pedestrians, cyclists, or operators of any other motor vehicle such as truck, motorbike, car, utility, bus, or a tram.
How a hit and run insurance claim works
Even if you don’t know who caused your injuries, you may still be able to claim compensation. In Queensland, this is done through the Nominal Defendant; a statutory body that steps in when the at-fault vehicle is unidentified, unregistered or uninsured. The Nominal Defendant is administered by the Motor Accident Insurance Commission (MAIC).
How to claim injury insurance for a hit and run
Generally, when you’ve been injured in a motor vehicle accident, you can make a claim for compensation through the at-fault driver’s Compulsory Third Party insurance (CTP). When it is a hit and run, a slightly different process applies.
If you’ve been injured in a car accident in Queensland and you’re unable to track down the at-fault driver, or the vehicle is unidentified or unregistered, then you’re still able to make a compensation claim for your personal injuries through the Nominal Defendant. The Nominal Defendant was established under the Motor Accident Insurance Act 1994 (MAI Act) for the purpose of compensating people who are injured as a result of the negligent driving of unidentified, unregistered or uninsured (no CTP insurance) motor vehicles.
While the process is the same as making a claim through a CTP insurer, the time limits are strict. It’s strongly recommended that you seek advice from a lawyer to submit your claim to the Nominal Defendant. This will make sure your claim is as strong as possible, lodged in time and that you follow the correct steps. Missed details or steps can have a big impact on your claim outcome so it’s important to get this right the first time.
Time limits are strict and non-negotiable
If your motor vehicle accident injury claim involves an unregistered or unidentified vehicle, there are strict timeframes for lodgement. Failing to comply with these timeframes can result in your claim being rejected. The initial Notice must be given to the Nominal Defendant:
- within 3 months after the accident
- if you have a solicitor managing your claim, within one month of the first consultation with them
- outside 3 months up to an absolute limit of 9 months from the accident IF you have a reasonable excuse.
To properly commence your personal injury compensation claim, you will need a formal CTP Medical Certificate as prescribed under the legislation detailing your injuries as well as having reported the accident to police.
Can I claim property damage?
Property damage is not covered by a personal injury claim, but your comprehensive insurance cover may apply. If you can’t track down the driver of the at-fault vehicle and you have comprehensive insurance cover for your car, then it’s possible you can make a claim on your cover and pay any applicable excess. If you notify the police and they’re able to identify the driver, then it’s possible you can still make a claim through your comprehensive cover and not be required to pay the excess. This will depend on your insurance provider.
How to protect yourself in the future
Never try to pursue or confront the responsible driver. Stay calm, move to a safe location, and call 000 if anyone needs medical attention. Any incidents where there is damage to property or an injury to people should be reported to police within 24 hours (or immediately when injuries are serious). Some insurance companies won’t accept a claim when police haven’t been informed.
In Queensland, you should report hit and run accidents to police immediately to prove the accident occurred. Call Policelink on 131 444 to make a report at the scene if any of the following apply:
- suspected involvement of drugs and/or alcohol
- a driver fails or has failed or is refusing to provide required details
- a driver with an impairment or disability requires police assistance
- anyone has suffered injury in the accident.
While the details are fresh, note down anything you remember about the vehicle. A car accident will likely rattle you but try to remember the registration number because even if the other driver doesn’t stop to provide their details, you can find a vehicle’s CTP insurer with just a registration number. Other details may include the make, model, and colour. You should also collect contact details from any witnesses, as their statements can be crucial in a hit and run insurance claim. If it’s safe to do so, pictures of the scene of the accident and any damage to your car can help police track down the driver and support your claim.
Get legal advice for your injury compensation claim
If you’ve been injured in a hit and run accident and you’re not sure of your next steps, contact our team for a free case review.