Understanding Your Rights After a Hit and Run Accident: Making a Claim for Compensation
Being involved in a car accident is always a stressful experience, but it can be even more overwhelming if the driver responsible flees the scene. If you’ve been injured in a hit-and-run accident, you might be wondering how to seek compensation when the offending party cannot be identified. Fortunately, there are options available, and you can still make a claim through a process involving the Nominal Defendant.
Who Is the Nominal Defendant?
When you’re involved in a hit-and-run accident or an accident involving an unidentified vehicle, you can make a claim against the “Nominal Defendant.” The Nominal Defendant exists to provide protection and compensation for individuals injured in accidents where the responsible driver either cannot be identified or does not have Compulsory Third Party (CTP) insurance.
In these cases, the CTP regulator appoints one of the designated CTP insurers to handle the claim on behalf of the Nominal Defendant. This ensures that injured individuals have access to compensation even when the at-fault party is unidentified or uninsured.
What Should You Do After a Hit and Run Accident?
If you’ve been injured in a hit-and-run accident, it’s essential to take the following steps to protect your rights and improve your chances of making a successful claim:
- Report the Accident to the Police: Contact the police as soon as possible and report the hit-and-run incident. Provide them with as much detail as you can about the accident, such as the location, time, and any information you may have about the offending vehicle, including its make, model, colour, or any part of the registration plate you might have seen.
- Seek Medical Attention: Even if your injuries appear minor, seek medical attention immediately. Not only is this important for your health, but it also provides vital documentation of your injuries, which will be essential for your compensation claim.
- Gather Evidence: If you can, take photographs of the accident scene, your injuries, and any damage to your vehicle. If there are any witnesses, collect their contact details as they may be able to provide valuable information that supports your claim.
- Make Reasonable Attempts to Identify the Offending Vehicle: One of the requirements for making a claim against the Nominal Defendant is that you must make reasonable attempts to identify the driver or vehicle involved in the accident. This might include:
- Placing advertisements in newspapers or online platforms requesting information from witnesses
- Posting on social media to ask if anyone witnessed the accident or has dashcam footage
- Cooperating fully with the police investigation to locate the offending driver
The law requires you to demonstrate that you have made genuine efforts to identify the offending party before proceeding with a claim against the Nominal Defendant.
Making a Claim Against the Nominal Defendant
Once you’ve made all reasonable attempts to identify the driver and reported the accident to the police, you can proceed with your claim. Here’s how the process works:
- Complete the Nominal Defendant Claim Form: You’ll need to fill out the relevant claim form, providing detailed information about the accident, your injuries, and the steps you’ve taken to try and identify the offending vehicle or driver. Be as thorough as possible, as this will help the appointed insurer assess your claim.
- Submit Your Claim to the CTP Regulator: The CTP regulator will appoint one of the insurers to manage your claim on behalf of the Nominal Defendant. They will assess your claim based on the evidence you provide, your medical reports, and the extent of your injuries.
- Work with the Appointed Insurer: The appointed insurer will investigate your claim and determine whether you’re entitled to compensation. They may request additional information, such as further medical examinations or evidence of your attempts to identify the offending party.
What Can You Claim for After a Hit and Run Accident?
If your claim is successful, you may be entitled to receive compensation for:
- Medical Expenses: Coverage for hospital bills, doctor consultations, medication, physiotherapy, and other treatments related to your injuries.
- Loss of Income: Compensation for wages lost due to your inability to work following the accident, as well as potential future loss of earnings if your injuries impact your ability to work in the long term.
- Pain and Suffering: An amount to compensate for the physical pain, emotional distress, and impact on your quality of life resulting from the accident.
- Care and Support Needs: If you require assistance with daily tasks due to your injuries, you may be able to claim for the cost of care, whether it’s provided by a professional or a family member.
The amount of compensation you’re entitled to will depend on the severity of your injuries, the impact on your life, and the expenses you’ve incurred.
Common Challenges in Hit and Run Claims
Hit-and-run claims can be more complicated than standard car accident claims due to the difficulty of identifying the at-fault driver. Some common challenges include:
- Proving the Accident Occurred: Since the other party fled the scene, insurers may require strong evidence to confirm that the accident occurred as you described. This makes it essential to gather as much evidence as possible and involve the police.
- Meeting the Requirement of Reasonable Efforts: It’s crucial to demonstrate that you’ve made genuine attempts to identify the driver or vehicle involved. Failing to show that you’ve taken these steps can result in your claim being denied.
Why Seeking Legal Advice Is Essential
Hit-and-run claims can be complex, and dealing with insurers or the Nominal Defendant without professional assistance can be overwhelming. Engaging a personal injury lawyer ensures that you have expert guidance throughout the claims process, helping you:
- Understand Your Entitlements: A lawyer can explain the compensation you may be entitled to and the steps required to lodge your claim.
- Gather Evidence: Your lawyer will help you collect all the necessary documentation, including medical reports, witness statements, and evidence of your attempts to identify the offending driver.
- Negotiate with Insurers: Your lawyer will ensure that you will maximise and receive the full compensation you are entitled to.
Key Takeaways
- You can make a claim for compensation even if the offending driver in a hit-and-run accident cannot be identified.
- Claims are made against the Nominal Defendant, and the CTP regulator will appoint an insurer to handle your case.
- You must make reasonable efforts to identify the offending vehicle, such as reporting the accident to the police, placing ads, or using social media.
- Compensation may cover medical expenses, loss of income, pain and suffering, and care needs.
- Seeking legal advice can significantly improve your chances of a successful claim and ensure you receive fair compensation.
If you’ve been injured in a hit-and-run accident, don’t hesitate to seek professional legal advice. This support will help you navigate the process, protect your rights, and ensure you receive the compensation you deserve.
