Hit-and-run accidents involve a driver causing a crash and leaving the scene without providing their details or offering help. This type of car accident can be distressing and leave the injured party feeling distressed and confused about what to do next.
But if the driver involved can’t be located, the other person involved could be eligible to claim compensation. That’s because various State and Australian laws allow people involved in a hit-and-run incident to access financial support.
Our legal guide explains the following:
- What is a hit-and-run crash?
- What to do after a motor vehicle accident with an unknown party
- How to claim insurance
- The strict time limits to seek compensation
- The process for Nominal Defendant Claims
Definition of a Hit and Run Accident Australia
In Australia, a hit-and-run accident occurs when the other driver who causes a crash leaves the scene without providing their contact details and helping the injured party.
Fleeing a hit-and-run incident is a criminal offence under both state and Australian laws. This type of car accident includes:
- A motor vehicle crash involving 2 or more vehicles
- A driver striking a bicycle rider, motorcyclist or pedestrian
- Causing damage to private property or parked cars and not leaving contact details
Australian Hit and Run Laws
Under Australian law, drivers must stop at the scene of an accident and provide their information to all other parties involved, regardless of how the accident occurred. There are serious legal consequences for non-compliance with no exceptions if:
- No one is injured
- The other vehicle has minor damage
- Penalties for leaving the scene of an accident vary by state and territory in Australia, including fines, license suspension, and jail time.
- If someone is seriously injured or killed in a hit-and-run accident, the penalties can be significantly more severe, including longer prison sentences.
Often, hit-and-run drivers remain unidentified. However, the affected party may still be able to pursue damages for injuries sustained by making a personal injury claim against the nominal defendant.
Hit-and-run lawyers understand the legislation and the eligibility requirements for seeking damages.
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- Eligibility to claim compensation
- Your rights and entitlements
- Our genuine 100% no-win, no-fee, no-risk policy
- Capped prices
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- Your next steps
Our motor vehicle accident compensation team offers a genuine 100% no-win, no-fee policy. Pay only when you win and nothing if you lose. It’s free to learn your legal options. Call 1800 860 777
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What are the Penalties for Hit and Run Drivers?
- Under Australian law, a driver involved in a crash must stop at the scene and provide their information to all other drivers and to anyone injured. This includes contact and insurance details.
- They can face severe penalties if they fail this responsibility and are found guilty. Here is a high-level summary.
State | Penalty |
|---|---|
Queensland | Leaving the accident scene can result in severe legal consequences, ranging from penalties up to $5,000 to one year in jail depending on the severity of the damages. |
New South Wales | A hit-and-run can result in a maximum fine of up to $3,300 and imprisonment for up to 18 months for a first offense. |
Victoria | The maximum penalty for a hit-and-run incident can include fines and imprisonment, with penalties typically ranging from 1 to 6 months for license suspension. |
ACT | The maximum penalty for a hit-and-run incident is 20 penalty units or roughly $3,000, though harsher penalties can sometimes be given. |
South Australia | The maximum penalty for a hit-and-run incident is $5,000, with a minimum 12-month license suspension. |
Western Australia | Leaving the scene of an accident can lead to penalties including a fine of up to $5,000 and a minimum 12-month license suspension. |
Tasmania | The penalties for a hit-and-run can include a fine not exceeding 80 penalty units or imprisonment for a maximum term of 2 years or both. |
Table of hit-and-run penalities Australia
Steps to Take After a Hit and Run Accident
Knowing what to do after a hit-and-run incident can help you understand your rights and the requirements for seeking compensation.
- If you are the victim of a hit and run, you should call emergency services, report the incident to the police, gather witness information, seek medical attention, and contact your insurance company.
- These steps provide a more detailed explanation of the process.
1. Seek Medical Attention
The safety of all road users is the priority. After moving to a safe position, seek immediate medical treatment even if you have no visible injuries.
Be aware that some damage can take days to become evident, like whiplash.
2. Report to a Police Officer
- Drivers involved in a crash must report the incident to the police as soon as possible, ideally within 24 hours.
- In most states of Australia, you are required to lodge a report at a local police station (or online)
- Try to recall as much information as possible when a police officer asks for details, as any information can help the claims process.
- You should contact your insurance provider as soon as possible after reporting the hit and run to the police.
3. Collect Evidence
Gathering evidence at the scene, such as photos and witness details, can strengthen your compensation claim, including:
- Photos and videos of the scene of the accident and vehicle damage
- Dashcam video
- Contact details of any witnesses
- CCTV footage
4. Keep Documents and Records
Keep copies of all relevant documents, such as:
- Medical treatment records and receipts
- Police reports
- Emails and any other communication with the other involved parties
When you don’t have the details of the other driver involved, these records can help form the basis of a credible claim.
5. Claim Insurance
- Next, file a report to claim insurance, which may be against your comprehensive insurance cover.
- You may also be eligible to lodge a nominal defendant claim, regardless of whether you have serious or minor injuries. An approved claim can cover medical and rehabilitation expenses.
Can I Claim Compensation for a Hit and Run Incident?
You can be eligible to seek compensation for a hit-and-run accident even when the driver responsible is unknown. If you qualify, you can claim compensation similar to any other road accident claim.
Most states have a compulsory third-party insurance scheme for accident victims. In fact, each Australian state and territory has a statutory government body that takes the place of the CTP insurer when you don’t know the details of the at-fault driver.
As a result, even if you can’t identify the vehicle responsible, you are likely to still have a claim under your state’s insurance scheme. In Queensland, you lodge this type of personal injury claim with the Nominal Defendant. To be eligible:
- You must lodge a police report within the strict time frame (usually 24 hours)
- The nominal defendant claim must be lodged within the mandated time limit (generally within 3 to 9 months)
- The injured person must not have helped cause the accident by driving dangerously or while breaking road rules
Do I Have a Valid Claim?
What Does a Hit-and-Run Compensation Claim Cover?
Approved compensation for a hit-and-run case covers a range of economic and non-economic damages.
How much you receive in a road accident payout depends on the severity of injuries sustained and how much they change your daily life. Considerations include the following:
- Medical expenses
- Lost income and superannuation
- Pain and suffering and emotional distress
- Ongoing care
- Other out-of-pocket and travel costs
Experienced personal injury lawyers can explain how compensation calculations apply to your circumstances.
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Compensation Claim Process for a Car Accident
You could claim compensation when you are injured in a hit-and-run, depending on how the accident occurred. If you have a valid claim, here are the steps of the Nominal Defendant claim process.
Medical Treatment
- Seek immediate medical attention to start your recover.
- Medical records also provide evidence for a hit-and-run case
- Even minor injuries should be evaluated by medical professionals due to potential delayed symptoms from shock
Collate Evidence
Collate all relevant documents such as:
- Medical records
- The police report
- Evidence from the scene of the accident
- Witness statements (if available)
Advice from a Personal Injury Lawyer
- Personal injury lawyers can explain your legal rights and obligations and assess the available evidence.
- Your legal team can also explain common barriers to a successful hit-and-run case.
Lodge a Nominal Defendant Claim
- Strict time limits apply to compensation claims across Australia after a hit and run accident.
- Generally, 3 months from the accident date and within 9 months with an accepted reason for the delay.
- You will require a medical certificate, police report, and a completed claim form to start the claims process after a hit and run.
Settlement Payout
- When a hit-and-run compensation claim is successful, the injured party can receive a settlement payout.
- This payout is intended to cover various losses and expenses resulting from the accident, restoring your life to its pre-injury state.
Legal Advice for a Hit-and-Run Case
You have the right to seek advice regarding your legal obligations and entitlements following a hit-and-run accident in Australia. A qualified compensation lawyer or solicitor can:
- Advise on the legal implications of a hit-and-run case
- Explain your legal rights and the process for seeking financial damages from the Nominal Defendant.
- Provide legal representation in settlement negotiations
Hit and Run Accident FAQs
What is the meaning of hitting and running?
Hitting and running refers to a car crash where a vehicle fails to stop immediately and flees the scene of an accident, which is a serious offence under Australian law.
What happens to someone who hits and runs?
Failing to stop after being involved in a motor vehicle accident is a serious offence in Australia that can result in demerit points, a hefty fine and jail time for serious injuries and fatal accidents.
- All drivers have a legal obligation to stop and provide assistance, along with their contact and insurance details.
- Furthermore, insurance companies often increase premiums or void insurance policies for drivers involved in hit-and-run incidents.
What is the minimum penalty for a hit and run in Australia?
- Unfortunately, there is no single minimum penalty for a hit-and-run crash, because laws differ across Australia.
- Even minor accidents can result in a significant fine, while serious accidents can lead to suspension of a driver’s license.
What should I do if someone hits and runs my parked car?
- If you hit and run a parked car, you must advise the property owner immediately, either in person or by leaving your contact details.
- Damaging another person’s property and failing to notify the owner are serious criminal offences.
