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    Can I Claim Compensation as the Passenger in a Hit and Run Accident?

    July 10, 2024

    Can I claim compensation as the passenger in a hit and run accident?

    If you are the passenger 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. In these cases, 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 as missing these important time limits will result in you losing your entitlement to claim for injury from the hit and run accident.

    Learn more about making a motor vehicle accident claim as a passenger in Queensland

    For further information about motor vehicle accident laws and legal resources in Queensland, visit the Motor Vehicle Accident Insurance Commission Website. Explore authoritative content to enhance your understanding of legal procedures and your rights as a citizen.

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