Being involved in a hit-and-run accident can be overwhelming, especially if you and other passengers were in the vehicle at the time. When a driver flees the scene after causing a collision, you may believe you have no way to recover compensation for your injuries and losses. However, NSW law provides you with a number of legal options after a hit-and-run accident, even when the at-fault driver cannot be identified. Here is what to do after a hit-and-run.
A hit-and-run accident occurs when a driver involved in a collision leaves the scene without stopping to provide their details, check on the welfare of other parties, or render assistance as required by law. Under the Road Transport Act 2013 (NSW), all drivers involved have strict legal obligations to stop and remain at the scene. Most types of these accidents involve:
Collisions between vehicles on roads or in car parks
Incidents where a vehicle strikes a pedestrian or cyclist
Accidents where a vehicle collides with parked cars
Single-vehicle accidents where the driver flees after crashing
These incidents are taken extremely seriously under NSW law, where they are treated as a criminal offence carrying severe penalties, including heavy fines, licence disqualification, and potential imprisonment. However, despite these deterrents, they remain distressingly common on local roads.
Beyond the criminal implications for the fleeing driver, unidentified vehicle claims create significant challenges for victims. When the at-fault driver is unknown, victims may worry that they have no recourse to claim compensation.
It is not just a matter of repairing or replacing the car — for passengers who were in a vehicle that was either driving or parked at the time of collision, it can result in severe and life-changing injuries for passengers, leaving them with potentially substantial medical expenses, lost income, and long-term disability.
Failing to stop after an accident is a serious criminal offence in NSW. Drivers who have failed to cooperate can be charged with various penalties, the severity of which varies depending on the circumstances of the incident. They may include:
Failure to stop and assist after impact causing injury: First offences carry a maximum penalty of 18 months imprisonment and/or a fine of 30 penalty units. Subsequent violations may result in harsher charges.
Failure to stop and assist after impact causing death: This is an aggravated offence carrying a penalty of 10 years imprisonment and/or a fine of 50 penalty units.
Failure to provide particulars: Failing to provide your details at the scene or report to police within the required timeframe carries penalties including fines and loss of demerit points.
If you are involved in a hit-and-run, taking the right actions immediately can significantly strengthen your ability to recover compensation and help police identify the offending driver.
Your immediate priority following any motor vehicle accident is your health and safety. If you or anyone else has been injured, call emergency services at 000 immediately to request assistance. Even if injuries seem minor at the time, it is still important to seek a medical assessment, as some conditions like soft tissue damage, concussion, whiplash, and internal injuries may take hours or days to present symptoms.
If you can do so safely:
Move to a safe location away from traffic
Turn on your hazard lights if your vehicle is still operational
Check on the welfare of any other injured parties
Avoid attempting to pursue the fleeing driver, as this could be dangerous
Reporting the incident is both a legal requirement and a critical step in protecting your rights. Making a police report of the hit-and-run in NSW with the attending officers or at the station creates an official record of the incident and initiates a police investigation to identify the offending driver.
When making your report, provide the police with:
The exact location, date, and time of the accident
A detailed description of what happened
Any information about the other vehicle, including make, model, colour, registration number (even partial), and direction of travel
Any distinctive features you noticed about the driver
Names and contact details of any witnesses
The police will assign a police event number to your report — keep this number safe, as you will need it when making your insurance claim for motor accident compensation in NSW.
Police take unidentified and uninsured driver accidents in NSW
seriously, and will conduct an investigation, which may include reviewing traffic camera footage, appealing for witnesses, and checking CCTV from nearby businesses or properties. However, police resources are limited, and not all offending drivers are identified.
Proof is critical in proving your claim for hit-and-run compensation in NSW, particularly when the at-fault driver cannot be identified. If you are physically able to do so safely, gather as much evidence as possible at the scene:
Photos and videos of the damage to the vehicles, visible injuries suffered, the position of your car after the collision, road conditions, and other physical evidence of the incident, such as skid marks and debris.
Witness accounts, including written statements and any photos and videos they have recorded. Do not forget to collect their contact details if you have any questions to ask later on.
Vehicle information of the offending car and driver. Include any details about the brand, model, car, distinguishing features and license plate numbers, even if you can only remember the details partially.
Location details, including businesses nearby that may have CCTV footage.
If your vehicle has a dashcam, preserve the footage immediately, as some models may delete recordings after a certain period. This footage provides invaluable evidence to try to identify the offending vehicle and illustrate the sequence of events that led to the incident.
If you have comprehensive motor vehicle insurance, notify your insurer about the accident as soon as possible. Even though the other driver left the scene, your own insurance may provide coverage for vehicle damage and other losses, depending on your policy.
When speaking with your insurer:
Provide the police event number
Give an honest and accurate account of what happened
Do not admit fault or speculate about the other driver's actions
Ask about your policy coverage and excess requirements
Be aware that insurance companies may attempt to minimise their liability or attribute fault to you. Having legal representation ensures your interests are protected throughout the insurance claims process.
After addressing immediate medical and police reporting requirements, contact Brydens Lawyers’ specialised traffic and personal injury lawyers in NSW. Our expert legal advice ensures you understand your rights, meet all procedural requirements and avoid common mistakes that could compromise your claim.
Our dedicated team can:
Advise you on your legal options for pursuing compensation
Assist with gathering and preserving evidence
Handle all communications with insurers and the Nominal Defendant
Ensure all claim forms and notifications are completed correctly and submitted on time
Protect you from accepting inadequate settlement offers
Brydens Lawyers offers free* initial consultations for motor accident claims. With our No-Win, No-Fee* arrangements for eligible claims, you can access expert legal representation without upfront costs or financial risk. (*Conditions apply)
Many victims mistakenly believe that they cannot get recourse if the at-fault driver is not identified or was uninsured at the time. However, NSW has specific legal mechanisms in place to ensure that victims are not left to bear the costs solely.
To be a roadworthy driver, all registered vehicles must have Compulsory Third Party (CTP) insurance, also known as a Green Slip. CTP insurance hit and run coverage is designed to compensate people injured in motor vehicle accidents caused by the negligence of another driver.
CTP insurance can cover:
Medical and rehabilitation expenses
Loss of income and earning capacity
Domestic assistance and care costs
Pain and suffering (if your injuries meet the required threshold)
Other reasonable expenses related to your injury
When an identified at-fault driver injures you, you make your CTP claim against their insurer. However, when the driver is not known — as in most hit-and-run cases — you make your claim through the NSW Nominal Defendant.
The Nominal Defendant is a statutory body established under the Motor Accident Injuries Act 2017 (NSW) to handle claims where the at-fault driver is unidentified or uninsured. The Nominal Defendant is administered by the State Insurance Regulatory Authority (SIRA) and funded by a levy on all CTP insurance policies.
The Nominal Defendant handles:
Unidentified vehicle claim matters where the at-fault driver has not been found
Uninsured driver accident NSW cases where the at-fault vehicle was unregistered or did not have valid CTP insurance
Hit-and-run accidents where the offending driver fled the scene
Claiming the Nominal Defendant follows a similar process to a standard CTP claim, but with some additional requirements around evidence and notification.
To make a successful claim through the Nominal Defendant, you must establish:
That a motor accident occurred: You need to prove that your injuries resulted from a motor vehicle accident, even if the other vehicle cannot be identified.
That you were not wholly or predominantly at fault: If you were entirely responsible for the accident, you cannot recover compensation. However, even if you bear some degree of fault, you may still be entitled to compensation reduced in proportion to your level of fault.
That you reported the accident appropriately: You must have reported the accident to the police at the time or as soon as reasonably practicable afterwards. You also need to lodge your claim within the time limits.
NSW law imposes strict time limits for notifying the Nominal Defendant and making your formal claim for hit-and-run compensation in NSW. Missing these deadlines can result in your claim being denied, regardless of its merits.
Notification requirement: You must notify the Nominal Defendant of your intention to claim within 28 days of the accident. This can be done by completing a Notice of Accident Claim form, available on the SIRA website or through your NSW Personal Injury Lawyer.
Formal claim submission: After notifying the Nominal Defendant, you have up to six months from the date of the accident to lodge your formal claim, including all required medical evidence and documentation.
Extension applications: In limited circumstances, the Nominal Defendant may accept late notification or claims if you can demonstrate a reasonable excuse for the delay. However, you should never rely on obtaining an extension.
These timeframes are significantly shorter than the standard three-year limitation period for other personal injury claims, making early action essential in hit-and-run cases.
Through a Nominal Defendant claim, you can recover the same types of compensation available in standard CTP claims, such as medical and treatment expenses, loss of income, domestic assistance and non-economic loss (pain and suffering).
The amount of compensation depends on the severity of your injuries, the impact on your ability to work, and the level of impairment and ongoing disability you experience. Brydens Lawyers works with medical and other experts to ensure all aspects of your claim are correctly valued and that you receive the maximum compensation you are entitled to.
While recourse is available, claims through the Nominal Defendant can complicate proceedings. Hiring a Personal Injury lawyer in NSW is key to help you manage:
Higher evidentiary burden: Because there is no identified at-fault driver to contest or confirm liability, you must independently prove that the accident occurred as you describe and that another vehicle was involved.
Scepticism about claim validity: Unfortunately, some fraudulent claims are made through the Nominal Defendant scheme. As a result, legitimate claimants may face more scrutiny and scepticism about their accounts. Strong independent evidence is essential to overcome this.
Limited investigation resources: While police will investigate hit-and-run accidents, limited resources mean that not all cases receive extensive investigation. You and your lawyer may need to conduct your own investigation to locate witnesses and CCTV footage.
Complexity of the Nominal Defendant process: Dealing with the Nominal Defendant involves additional procedural requirements beyond standard CTP claims. Having an experienced NSW hit and run lawyer ensures that you meet all conditions and that the focus is on your case.
Even strong hit-and-run claims can be compromised by common errors made in the aftermath of the accident. Avoiding these mistakes protects your rights and strengthens your prospects of recovering full compensation:
Delayed reporting to the police
Insufficient evidence gathering
Incomplete medical documentation
Missing notification deadlines
Providing statements without legal advice
Delaying to seek advice on your hit-and-run’s legal options
Accepting inadequate settlement offers
For over 50 years, Brydens Lawyers has been the premier legal representation for our clients in Sydney, regional NSW and Canberra. We have assembled a specialised team who focus their expertise on motor vehicle accidents and personal injury to understand the law to its full extent and give you the best opportunity to achieve a successful claim.
With a proven track record of success, there is no one more qualified to trust your motor vehicle compensation claim in NSW. Our lawyers will take the time to understand every detail, gather evidence, and provide you with an honest account of your case, including what you can expect to happen and what the most realistic outcome is.
Even when the at-fault driver has left the scene, Brydens Lawyers will be there with you throughout all proceedings. That is why we offer free* legal advice and work to a No-Win, No-Fee* policy to ensure nothing prevents you from defending your rights. (*Conditions apply).
Strict time limits apply — Book an appointment online today.
We're here to assist you in claiming the compensation you deserve on a No Win, No Fee* basis. Enquire now to start your claim today. *Conditions apply.