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