Hit and Run Accidents

Hit and Run Accident Compensation

Being involved in a hit and run accident means the at-fault vehicle has fled the scene and is unidentifiable. If you cannot identify the at-fault vehicle in your accident, you cannot make a compensation claim through their Compulsory Third Party (CTP) insurance.

However, you can still make a claim under the motor accident compensation scheme.

These claims are made through the Nominal Defendant rather than the CTP Insurer, and follow a slightly different process.

About the Nominal Defendant

The Nominal Defendant is a Queensland state body that exists to compensate people who are hurt by unidentifiable or uninsured vehicles.

As long as the other driver is deemed to have been at fault, you can bring your compensation claim against the Nominal Defendant.

At the Scene of Your Accident

After your accident there are a range of important steps that you should take and this is no different in hit and run accidents. At the scene you should have:

  • Had immediate medical concerns addressed by emergency services
  • Recorded any details of the accident – including the location and time of the incident – and gathered contact details from any witnesses
  • Seen your GP to address your symptoms
  • Promptly reported the incident to the police

Extra Requirements

Before making a claim against the Nominal Defendant, you need to have made “due search and enquiry”. This means you need to attempt to identify the at-fault vehicle to pursue compensation through their insurance. You can do this by:

  • Advertising in local newspapers
  • Asking witnesses about the incident and obtaining statements from them
  • Assisting police officers with their investigation of your accident

Special Time Limits

For accidents involving an unidentified vehicle, you generally need to lodge forms with the Nominal Defendant within 3 months. This makes identifying the nature of your case, and making any necessary enquires crucial.

Extensions are available in some circumstances, but receiving legal advice and proceeding with your claim quickly is the best approach in these cases.

Further Information

To learn more about claiming compensation against an unidentified or uninsured driver, explore the FAQs below or call Bartels Lawyers on (07) 3341 2222 for a free initial consultation.

Does the nominal defendant pursue the at-fault driver for payment?

The Nominal Defendant does have rights to recover debt from uninsured vehicles, though this will not affect your claim. 

What compensation am I entitled to in hit and run cases?

Generally, you will be eligible for the same compensation as you would in CTP claims. A number of factors will determine the type and amount of compensation you will receive. You may be compensated for losses including:

  • Medical and rehabilitative expenses
  • Pain and suffering
  • Loss of income
  • Travelling expenses

Do I need legal advice?

Legal advice is highly recommended for all accident compensation claims. A lawyer can help to identity the nature of your claim and help you to properly complete forms and navigate legalities. Hit and run claims have shorter time limits and special requirements, and a lawyer can identify and assist you with these steps.

How can I get an extension?

Extensions on hit and run accident claims can be granted either through the Nominal Defendant or by a Court. Contact us for further information on this process.