Hit and Run Compensation NSW: What You Need to Know

Learn more about what to do in a hit and run.

What is Considered a Hit and Run in Australia?

Failure to stop at an accident

One of the key factors that makes an accident a hit and run is when a driver fails to stop after a collision. In Australia, all drivers involved in an accident — no matter who is at fault — must stop at the scene immediately. Leaving without stopping is not just unethical; it’s a serious offence under state and territory road laws, which can result in hefty fines, licence suspension, or even jail time.

Neglecting to provide details in the event of an accident

Even if a driver stops at the scene, failing to provide their details can still classify it as a hit and run. The law requires drivers to exchange their name, address, vehicle registration, and insurance details with anyone affected, including injured individuals or property owners. Not doing this—especially if the other party cannot obtain this information (like an unconscious pedestrian or a damaged parked car)—can lead to legal trouble.

Leaving the scene without assisting injured parties

In accidents involving injuries, drivers have a legal obligation to help those in need. This may involve calling 000 for emergency services or providing basic first aid if it’s safe. Leaving the scene without assisting an injured person can result in serious criminal charges, including negligent driving causing harm or even manslaughter in extreme cases.

Hit and run involving unattended vehicles or property

A hit and run isn’t just about collisions with people; damaging a parked vehicle, fence, or other property and leaving without reporting it also counts. In Australia, if a driver hits an unattended vehicle, they must leave a clear note with their details in a visible place, like under the wiper blade. Not doing so can lead to criminal charges and issues with insurance.

Attempting to conceal the accident

Some hit-and-run drivers try to avoid responsibility by removing evidence, like cleaning their vehicle to hide damage or falsely reporting their car as stolen. Intentionally hiding involvement in an accident is a serious offence and can lead to harsher penalties, especially if authorities discover the deceit.

Not reporting the accident to authorities

In Australia, certain accidents — especially those involving injuries, fatalities, or significant property damage — must be reported to the police. The timeframe for reporting varies by state, but often drivers need to report within 24 hours. Not reporting an accident, particularly after leaving the scene, heightens legal risks and could lead to criminal charges.

Hit and run Involving cyclists or pedestrians

A hit-and-run can also involve striking a cyclist or pedestrian and failing to stop. Australian laws take these incidents seriously, as vulnerable road users often sustain severe or fatal injuries. Not stopping, providing aid, and reporting the incident can result in harsh legal consequences, including imprisonment.

Can I Claim Hit and Run Compensation?

Yes, you can claim hit and run compensation from the Compulsory Third Party (CTP) insurer of the owner/driver of the motor vehicle that injured you (provided that negligence can be established). If it is proven that you were also at fault, you may still be entitled to claim compensation but your compensation may be reduced.

A hit and run NSW accident claim can be made by:

Any person who sustained an injury due to a motor vehicle accident and the person was not at fault. Here ‘any person’ may include a:

• Driver
• Motorcyclist
• Cyclist
• Passenger
• Pedestrian

The dependent(s) of a person gravely injured in a motor vehicle accident (for which the injured person was not at fault. 

How to Make a Hit and Run Compensation Claim

An application for hit and run NSW compensation can be made to a Government insurer or a ‘Nominal Defendant’, where the motor vehicle that caused the injury remains untraceable.

In NSW, all insurers are required to be part of the Nominal Defendant Fund. If you have been injured due to the negligent act of the owner/driver of an uninsured or unidentified car, you can make a personal injury claim through the Nominal Defendant.

What Evidence is Needed for a Hit and Run?

While making the hit and run compensation claim, you might be required to provide certain documentary evidence relating to the expenses incurred by you, and these include:

• Receipts of all medical expenses incurred due to the car accident injuries
• Receipts for travel and other expenses incurred in the process of receiving treatment
• Proof of income, such as tax returns
• Documents evidencing your incapability to work, such as medical certificates and sick leave forms
• Proof of loss of your income, such as a letter from your employer 
• Records obtained from your accountant evidencing that you have lost work opportunities in case you run a business.

How Much Compensation Do You Get for a Hit and Run in NSW?

The hit and run accident compensation you receive will depend on a number of factors and is decided on a case-by-case basis. However, it may include:

• Reimbursement of hospital, medical and rehabilitation expenses
• Compensation for any past and future economic loss and impending medical expenses in relation to the injuries sustained by you
• Payment of any lump sum amount in situations where the injury has resulted in permanent impairment
• Payment of a lump sum amount for your pain and suffering 
• Payment of legal costs in relation to the claim for compensation.

If the injury has resulted in death, then a close relative (including a spouse or a de facto partner, brother, sister, half-brother, half-sister, parent, or child/ren) of the deceased may make a compensation claim. In such situations, the person making the claim will be entitled to receive death benefits and funeral expenses.

Learn more from an Owen Hodge hit and run lawyer about: 

• Fatal car accidents
• Catastrophic Injury
• Total And Permanent Disablement
• Compensation payout amounts
• Personal injury law 

Hit and Run Compensation Time Limits

Claims need to be submitted within six months of the accident to the Nominal Defendant, a government-backed insurer that handles cases where the driver cannot be located. For serious injuries, an extension of up to three years may be possible if there is a good reason for the delay. Missing these deadlines can put your claim at risk, so it’s important to get legal advice from a hit and run lawyer as soon as possible.