Can I Claim Compensation for a Hit & Run Accident?

Mar 25, 2021 | Compensation Law

What Is a Hit and Run Accident?

A hit and run accident is an incident whereby a person is injured by a vehicle that then immediately flees the scene. Many victims of hit and run accidents falsely believe that there’s nothing they can do to achieve justice in this situation. However, this is not the case.

If you are a victim of a hit and run accident and have sustained an injury, you may be entitled to claim compensation even if the driver and vehicle are unable to be identified. Australian law requires that the driver of any vehicle that has been involved in an accident must stop at the scene and provide assistance. A failure to comply with these requirements is punishable by law and may result in a fine of up to 20 penalty points or one-year imprisonment if another person is injured or killed.

As with other personal injury claims, strict time limits apply so its essential that you contact us at Trilby Misso Lawyers as soon as possible to protect your legal rights.

What Can I Claim For?

The amount of compensation you will be entitled to will depend on your personal circumstances and the particulars of the accident, such as:

● How the accident occurred.
● The severity and extent of your injuries.
● The amount of earnings lost since the accident, and anticipated future loss of wages and superannuation.
● The extent of your medical treatment.
● Ongoing medical and rehabilitation costs.
● How much care you require now and are likely to need in the future.
● Dependents, e.g. spouse, children.

What Happens Next?

At Trilby Misso Lawyers, we understand that you may be feeling quite fragile and nervous about the prospect of making a claim. However, we seek to eliminate your stress by making the legal process as easy to understand as possible. The specifics of your accident are unique, but the claims process generally takes a very similar path as follows:

1. We take the time to review the details of your accident and will provide our professional opinion of the expected outcomes of a personal injury claim. The initial consultation is FREE, and you are under no legal obligation to proceed.
2. If you decide to lodge a compensation claim, your lawyer will submit a Notice of Claim to the other party within one month of the initial consult.
3. The insurer will examine the validity of your claim and will determine the level of liability. Your lawyer will liaise with the insurer on your behalf, providing medical records, employment details and other pertinent information to ensure that you receive appropriate compensation for injuries suffered.
4. Trilby Misso Lawyers will negotiate a settlement on your behalf which, in most cases, is reached without going to court. If settlement negotiations fail to reach a satisfactory conclusion, we will lodge court proceedings on your behalf.
5. Once a successful outcome has been obtained, we will arrange for payment of compensation, at which point your legal fees are due. You will not be charged for legal fees and disbursements in the event that your claim is rejected.

What Do I Do Now?

Contact Trilby Misso Lawyers today on 1300 730 845 for a ‘no obligation’ free appointment to discuss your claim. The initial consultation is free of charge, and hit and run claims are then conducted on a “No Win, No Fee” basis. The compensation claims process is complex, and strict timeframes apply so you must obtain professional legal advice as soon as possible.