Hit and Run Insurance Claim in NSW: A Complete Guide
In NSW, if you’re injured in a road accident, you’re usually entitled to support for lost wages and medical treatment. But after a hit and run, it can feel like there’s no one to claim against.
This doesn’t necessarily mean you miss out on compensation. In these situations, the Nominal Defendant scheme steps in when the driver responsible for the accident cannot be identified.
This guide explains how to claim insurance for a hit and run, who may be eligible, and the strict time limits you must meet to protect your rights.
Overview: Timeline for making a hit and run claim in NSW
| Requirement | Deadline | Why it matters |
| Report the accident | 28 days | You cannot make a Nominal Defendant claim without reporting the accident. |
| Lodge your claim early | 28 days | Lodge early to receive back-pay for weekly benefits from the date of the accident. |
| Final date to lodge | Three months | Make sure to submit your claim by this final deadline to avoid delays or missing out on payments altogether. |
| Due inquiry and search | Ongoing | You must prove you tried to find the car that fled the accident scene. |
What is a hit and run accident?
A hit and run occurs when a driver involved in a motor vehicle accident leaves the scene without stopping to provide their details.
Under Section 146 of the Road Transport Act 2013 (NSW), drivers involved in an accident must stop, assist anyone who is injured, and provide their name, address, and vehicle registration.
If the driver leaves before doing this, the accident is treated as a hit and run. Even if the driver is never identified, injured people can still pursue compensation through the Nominal Defendant scheme.
Can I make a hit and run claim?
In NSW, you can make a hit and run claim if you meet three basic criteria:
1. You’re injured in a road accident
Compensation isn’t just limited to drivers — you can claim as a:
- Driver or passenger.
- Pedestrian, cyclist, or motorcyclist.
- Parents or guardians of a child who was injured in an accident.
- Close relative or witness to the crash (if you developed a psychological condition as a result).
2. The at-fault person fled the scene
For a hit and run insurance claim, the driver responsible must have left the scene without providing their details.
If you have the vehicle’s registration number, the claim is usually no longer treated as a hit and run. In that case, you can normally make a standard CTP claim against the driver’s insurer.
If the vehicle turns out to be unregistered or uninsured, the claim may instead proceed through the Nominal Defendant scheme, which covers accidents involving unidentified or uninsured vehicles.
3. The accident happened in a ‘road-related area’
The hit and run needs to have occurred on a road or a road-related area. According to the SIRA Motor Accidents Guide, this includes:
- Public footpaths and nature strips.
- Public car parks.
- Any area open to the public for driving, riding, or parking.
You generally can’t make a hit and run claim for accidents on private property, as shown in recent 2024 and 2025 rulings like Wright v NRMA.
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Checklist: Immediate steps after a hit and run
If you’ve been involved in a hit and run, take these steps to protect your safety and your future compensation claim.
- Get medical treatment: Your health is the priority. If you’re severely injured, wait for the ambulance. For minor injuries, see your regular GP as soon as possible.
- Stay safe: If possible, move yourself and your vehicle to a secure location. Do not try to chase the fleeing vehicle, as this can lead to further accidents or injuries.
- Note down details: While the memory is fresh, write down or record a voice note of everything you remember: the car’s colour, make, model, and even a partial registration plate.
- Report to the police: Report the accident to the police within 28 days.
- Seek witnesses: Ask bystanders or other drivers for their contact details. Witness statements and dashcam footage are the strongest pieces of evidence when the at-fault driver is unidentified.
- Check for cameras: Look around for security cameras on nearby businesses or houses. Modern cars parked nearby may also have recorded the incident, such as a Tesla in ‘Sentry Mode’.
What injuries can I claim for after a hit and run?
You can make a hit and run insurance claim for almost any physical or psychological condition caused by the accident. Because these claims are managed by the Nominal Defendant, you have access to the same statutory benefits as a standard CTP motor accident claim.
- Physical injuries: Includes everything from fractures and spinal damage to nerve injuries and soft tissue damage (like whiplash
- Psychological injuries: You can claim for any diagnosed psychiatric illness, such as PTSD, depression, or anxiety.
How to make a hit and run insurance claim in NSW
To make a successful hit and run insurance claim, you must follow the standard motor accident claims process, but with one critical addition: the due inquiry and search requirement.
Here is the step-by-step path for 2026:
You must report the hit and run to the NSW Police as soon as possible and ideally within 28 days. This generates a Police Event Number, which is mandatory to trigger a Nominal Defendant claim. Without this third-party verification, the claim cannot proceed.
You cannot simply say ‘the driver drove off’. Under Section 2.30(2) of the Motor Accident Injuries Act 2017 (NSW), you must show the Nominal Defendant that you took reasonable, active steps to identify the vehicle. Recommended steps in 2026 include:
- Digital evidence: Requesting dashcam or CCTV footage from local businesses or residents.
- Community outreach: Posting in local Facebook community groups or doing a letterbox drop near the site.
- Public notices: While less common now, placing a notice in a local digital or print newspaper shows thoroughness.
The 2025 case Palmer v Allianz confirms that due inquiry is an ongoing process, not just filing a police report. Even though Palmer failed to get the driver’s registration at the scene, the Personal Injury Commission held that she’d performed ‘due inquiry’ because of her diligent follow-up efforts to locate the driver.
Keep a symptom diary detailing how the injury impacts your life, including any limitations at work and on your ability to perform Activities of Daily Living (ADLs) like showering, cooking and cleaning. You’ll also need to provide evidence of your injuries and the circumstances surrounding the accident.
You must lodge an Application for Personal Injury Benefits (PDF) through the SIRA portal.
- For back-pay: Lodge within 28 days to ensure your weekly wages are covered from the date of the accident.
- Final cut-off: You have three months to lodge your claim. Missing this deadline isn’t the end of the road, but you need to provide a ‘satisfactory’ reason for the delay.
SIRA will assign your claim to a standard insurer (like NRMA, GIO, or Allianz) to manage the file on behalf of the Nominal Defendant.
A claims officer will look at your medical records, and you’ll likely need to attend an Independent Medical Examination (IME). This will determine if your injury is threshold (minor) or non-threshold (non-minor). Your degree of impairment determines how long you can receive payments for.
Within four weeks of lodging, the insurer must tell you if they accept ‘provisional liability’. This allows them to start paying for your medical treatment and lost wages while they continue to investigate the crash and your due inquiry efforts.
Once your injuries have stabilised (usually 12–18 months later), you will be assessed for Whole Person Impairment (WPI). If your WPI is greater than 10%, you can claim an additional lump sum for pain and suffering.
Once the insurer has assessed your claim, they will calculate the amount of compensation they believe is payable and make a settlement offer.
- If you accept: The claim is finalised and you receive a lump sum payment.
- If you reject the offer: The dispute does not go straight to court. In NSW, the matter must usually go through mandatory mediation at the Personal Injury Commission (PIC), where a mediator helps both sides try to reach an agreement.
- Court: If mediation does not resolve the dispute, the claim can proceed to the District Court or Supreme Court.
Do not accept a settlement offer without first getting legal advice. A lawyer can review the offer and advise whether it properly reflects the value of your claim before you agree to settle.
What evidence do I need for my hit and run claim?
Because there is no at-fault driver to confirm your story, hit and run insurance claims require a higher standard of proof than standard motor accident claims. You must show that the accident occurred as described, that you took reasonable steps to identify the driver, and that your injuries have a measurable impact on your life.
Beyond the mandatory police report, you should gather these types of evidence:
This includes emails or letters sent to local businesses or homeowners requesting CCTV footage (even if you didn’t get a reply), screenshots of community social media posts (Facebook/community noticeboards) asking for witnesses, and photos of any posters you placed at the scene.
Get close-ups of your vehicle, bike, or clothing, including any paint scrapes from the fleeing car. Make sure also to photograph the accident site and any skid marks, debris on the road, or the specific road-related features (like a nature strip or car park layout) to prove eligibility.
This is the gold standard for hit and run evidence. Even if you didn’t catch a plate, footage proving a vehicle fled is hard for insurers to dispute.
Make sure your GP documents every injury, no matter how minor. They should also note down which Activities of Daily Living (ADLs) you can no longer do, such as cleaning, cooking, dressing or showering. If you have anxiety or PTSD as a result of the accident, ensure these are included too.
If you’re unable to work (or working less) due to your injury, gather your most recent payslips to ensure your weekly payments are calculated accurately.
Keep every receipt related to your injury, including hospital bills and travel expenses between appointments.
Common challenges in hit and run claims
Here are some common challenges hit and run claims face:
- Proving what happened: You must independently prove the accident happened without a second driver to verify the impact.
- Insurer scepticism: Unfortunately, the Nominal Defendant scheme is a target for fraud. As a result, legitimate claimants are often subjected to intense scrutiny. Meticulous independent evidence is the only way to overcome this.
- The due inquiry trap: If you don't show prompt and thorough effort to find the driver, the Nominal Defendant can legally reject your claim.
- Resource gaps: Police often have limited resources for non-fatal hit and runs. You and your lawyer may need to act as private investigators to secure evidence like CCTV footage before it is overwritten.
How much compensation can I get in a hit and run insurance claim?
The amount of compensation depends on how serious your injuries are and how they affect your ability to work. Payments usually occur in two stages: statutory benefits during the claim, followed by a final lump-sum settlement.
Stage 1: Statutory benefits
If your claim is accepted, you may receive statutory benefits to cover income loss and treatment while the claim is being assessed. These payments are made regularly and are separate from any final settlement.
- Income support: Up to 95% of your pre-injury earnings for the first 13 weeks, then up to 85% from week 14 onward.
- Medical treatment: The insurer pays reasonable treatment costs such as GP visits, surgery, rehabilitation, and physiotherapy. Providers are usually paid directly.
- Domestic assistance: If your injuries prevent you from managing daily tasks, the insurer may fund services like cleaning, cooking, or personal care.
If your injuries are classified as minor, like whiplash or soft tissue sprains, these payments usually stop after 52 weeks. If they are more serious, such as fractures, nerve damage or PTSD, payments can continue for up to two years (or longer, depending on the severity of your injury).
Stage 2: Lump-sum compensation
Once your condition stabilises, you may pursue a lump-sum settlement. This is largely based on your Whole Person Impairment (WPI) assessment.
| Your Situation | What You Can Claim |
| WPI of 10% or less | Economic losses only:
* Past lost income.
* Loss of future earning capacity.
|
| WPI over 10% | Economic losses (as above), plus:
* Pain and suffering.
* Loss of enjoyment of life.
* Disfigurement.
* Reduced life expectancy.
|
What is pain and suffering compensation?
Pain and suffering compensates you for the long-term impact of your injuries.
As of 1 October 2025, the maximum payment for pain and suffering in NSW motor accident claims is $691,000 under the (Motor Accident Injuries (Indexation) Order (No 2) 2025 [PDF]). This maximum applies to the most severe injuries, such as catastrophic brain or spinal injuries.
In many cases, the largest part of the payout is future income loss. This reflects the earnings you are likely to lose between now and retirement (usually age 67).
You can learn more in our guide to pain and suffering compensation after a car accident.
Do I need a lawyer for a hit and run insurance claim?
While you can technically start a standard CTP claim yourself, hit and run claims are different. Because the driver cannot be identified, the insurer will closely examine whether you took reasonable steps to find them.
Legal representation helps ensure your claim meets the required standard. A lawyer can assist with:
- Meeting the ‘due inquiry’ requirement: A lawyer can organise steps such as local enquiries, public notices, and communication with police to show the Nominal Defendant that you made genuine efforts to identify the vehicle responsible.
- Collecting evidence: Your lawyer will investigate all possible sources of evidence, including locating witnesses, gathering medical records, and reviewing any available footage or reports to build the strongest possible case.
- Managing strict deadlines: Hit and run claims have tight time limits. For example, the accident should be reported to police within 28 days, and the claim must usually be lodged within three months.
- Boosting your WPI assessment: Your entitlement to further compensation often depends on your Whole Person Impairment (WPI) rating — and even a 1% difference can be worth hundreds of thousands of dollars. A lawyer guides you through the process, ensures you’re assessed by the right independent medical experts, and can seek a second opinion to make sure your rating accurately reflects the true extent of your injuries.
- Maximising your compensation: A lawyer ensures your settlement truly reflects the lifelong impact of your injury by working with medical experts, actuaries, and vocational specialists to accurately assess your future needs — so you don’t walk away with less than you’ll need.
- Checking for additional entitlements: In some cases, you may also be eligible for other benefits, such as a Total and Permanent Disability (TPD) claim through your superannuation.
Frequently asked questions
If your actions contributed to the accident, your compensation may be reduced. This is called contributory negligence.
The insurer or court assigns a percentage of responsibility and reduces the payout accordingly. For example, if you are found 20% at fault, your compensation will usually be reduced by 20%.
Common examples include:
- Not wearing a seatbelt.
- Riding a bike or motorcycle without a helmet.
- Travelling in an unsafe position in a vehicle.
- Being affected by alcohol or drugs, or travelling with an intoxicated driver.
- Illegally using a mobile phone while driving.
Being partly at fault does not prevent you from making a claim. It only reduces the final amount you receive.
If you caused the accident, you usually cannot make a hit and run insurance claim through the Nominal Defendant scheme. These claims are intended for situations where another unidentified driver caused the crash.
However, NSW has no-fault statutory benefits. This means you may still be able to claim through your own CTP insurer for limited support after the accident.
Under these provisions, you can usually access up to 52 weeks of statutory benefits, including income support and medical treatment, even if you were responsible for the crash. You can learn more in our complete guide to CTP claims in NSW.
If you miss the three-month deadline for a hit and run insurance claim, you are not automatically barred from making a claim. You must provide a reasonable explanation for the delay, such as:
- Medical incapacity: Your injuries prevented you from managing your claim.
- Delayed symptoms: Some injuries, like internal damage or PTSD, may appear weeks or months later.
- Minor at the time: Courts are generally more lenient if the injured person was a child.
- Incorrect advice: You were misinformed by an authority or insurer, or reasonably believed another scheme (like workers compensation) applied.
- Time spent on due inquiry: You spent the initial period trying to locate the driver before lodging the claim.
If the insurer rejects your explanation, the matter is referred to the Personal Injury Commission (PIC). Legal representation is important at this stage to ensure your explanation meets the legal requirements and your claim can proceed.
There is no overall limit on the compensation you can receive for a hit and run claim through the Nominal Defendant. While certain components, like pain and suffering, have maximum amounts, the total payout is not capped.
The Nominal Defendant is a government-backed insurer and must pay the full amount of compensation you are entitled to under the law, just like any private CTP insurer.
It’s important to note that the Nominal Defendant only pays for people, not property. Your options depend on your level of insurance cover:
- If you have comprehensive insurance: You can make a claim through your own insurer. However, because you cannot identify the at-fault driver, you will usually have to pay your excess unless your policy has a specific no-fault clause for hit and runs.
- If you have third-party property insurance: You likely cannot claim at all unless you identify the other driver. Most third-party policies only cover you for damage you cause to others, or provide a small amount of ‘uninsured motorist’ cover only if the other driver is identified and found to be uninsured.
