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    Can I Claim Compensation as the Victim of a Hit and Run Accident?

    April 8, 2024

    Can I Claim Compensation as the Victim of a Hit and Run Accident?

    If you are the victim of a hit and run accident and the party at fault can’t be identified, you are still able to make a claim for compensation. Where there is a hit and run and the driver is unidentified, a Government body (the Nominal Defendant), acts as the insurer in those claims.

    Given the nature of the claim and the fact that there is an unidentified vehicle, there are very strict and important time limits to bring a compensation claim for a hit and run accident.

    To make an injury claim for compensation from a hit and run accident, there is a limit of 3 months to lodge the Notice of Accident Claim Form with the Nominal Defendant. If you do not lodge the claim form in the 3 month period, it is possible to lodge it within 9 months along with a reasonable excuse for delay. After the 9-month period, if the Notice of Accident Claim Form is not lodged with the Nominal Defendant, the right to claim is lost, in legal terms this is called statute barred. If a claim is statute barred, you are prevented from making a claim for compensation.

    It is recommended you seek legal advice as soon as possible to avoid delay. Missing these important time limits may result in you losing your entitlement to claim for injury from the hit and run accident.

     

    Further reading about motor vehicle accidents in Queensland

    https://www.police.qld.gov.au/initiatives/road-safety/traffic-crash-faqs

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    Law Firm for workers' compensation case in Queensland

    Kathryn MacDonell

    Chief Executive Officer

    Kathryn is Trilby Misso’s Chief Executive Officer.

    Meet Kathryn

    Your next step is a small one, but don’t delay

    Your next step is a small one. All you need to do is give us a call on 07 3910 5470 or complete this form here to arrange a quick chat.

    During this initial conversation, we will:

    • Have a chat about the circumstances and nature of your injury.
    • Give you an approximate indication of your eligibility to make a WorkCover claim, or a claim for compensation through other means.
    • Explain, in simple terms, how our process works. We will answer any questions you have about fees, the legal process, and anything else you’re unsure about relating to your injury.

    We understand that taking legal action can be stressful, and we’ll do all we can to ease your concerns.

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    Call 07 3910 5470 or fill out this form, and we’ll get back to you within 2 hours (during business hours). We look forward to meeting you.

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