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QLD Hit and Run Lawyers for Compensation Claims

If you have injuries sustained in a motor vehicle accident and the negligent driver flees the scene, a QLD hit-and-run lawyer can provide you with expert legal advice. Personal injury laws protect your right to make a hit-and-run compensation claim, regardless of whether you were a cyclist, motorcycle rider, pedestrian, passenger, or another driver.

The hit and run claims process can be complex, but our personal injury lawyers can explain how it works. All our traffic accident legal services come with a 100% no-win, no-fee, no-risk guarantee.

The Car Accident Compensation Lawyers QLD offers a free case evaluation that explains your rights and eligibility to claim compensation from the Nominal Defendant. It’s free to know where you stand.

Legal Advice After
a Hit and Run Accident

  1. Leaving the scene of an accident is illegal in Australia because all drivers involved are required to stop and assist injured parties until the police arrive.
  2. Drivers are required by law to exchange their name, address, vehicle registration, and insurance details with anyone affected by the accident.
  3. Leaving the scene without stopping is a serious offence under state and territory road laws.
  4. If a hit-and-run is reported, the police can charge the offender with an indictable offence, which could carry jail time or a large fine.
  5. The Motor Accident Insurance Act 1994 protects the legal rights of hit and run victims.
  6. Hit and run accidents are often more complicated to prove due to lack of witnesses and information about the offender.

You could be eligible to claim hit and run accident compensation when injured in a traffic accident and you can’t identify the driver responsible for the collision.

  1. Eligibility includes all types or road users including: drivers, motorcyclists, cyclists, passengers, pedestrians, and anyone else injured in the incident.
  2. Even if you are partially at fault for a hit-and-run accident, you may still be eligible to receive lump sum compensation (which will be reduced due to contributory negligence).

Our hit and run lawyers provide a free claim review that can explain your eligibility and the strict time limits that apply to your circumstances. It’s free to know your options. Call 1800 860 777

Injured persons should be aware of the strict deadlines for seeking hit-and-run compensation in Queensland, as failing to submit a Nominal Defendant claim on time typically results in losing the right to claim damages. Here are the general time limits:

  • You must notify the Nominal Defendant within three months of the accident date
  • You have a maximum time limit of nine months with an accepted reason for the delay

Experienced car accident lawyers can advise on the specific time limits for your case and the eligibility criteria.

Regardless of how your injury occurred, our qualified car accident lawyers can explain your legal rights and entitlements following a hit-and-run accident on Queensland roads. A free case review can explain the following:

  1. Eligibility to claim hit and run compensation
  2. The strict time limits imposed by personal injury law
  3. Our 100% no-win, no-fee, no-risk guarantee
  4. A settlement estimate
  5. The hit-and-run accident claims process
  6. The recommended next steps

Pay only after a win; nothing if you lose. Call 1800 860 777

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Know your entitlements

100% No Win, No Fee Lawyers for a Hit and Run Accident

You could face significant financial challenges when you can’t work after a road accident with an unidentified driver. In this situation, you will likely be concerned about the cost of injury claim advice.

The Car Accident Compensation Lawyers have you covered, thanks to our genuine 100% no-win, no-fee policy, which means the following:

  • There is no cost to start
  • We cover your legal costs and fees until settlement.
  • We also pay for medical reports and evaluations until settlement.
  • Pay only after a win and nothing if you lose
  • Our legal fees are capped with no hidden costs

Our 100% no-win, no-fee, no-risk policy enables clients to seek legal counsel without the burden of upfront expenses.

During a free case review, our Queensland personal injury lawyers can explain our 100% no-win, no-fee, no-risk guarantee. Call 1800 860 777

Accredited Specialist Car Accident Lawyers

Our hit-and-run accident compensation legal team works in conjunction with Kerry Splatt, the Principal of our law firm. He is a QLS-Accredited Specialist in Personal Injury Law.

Accredited Specialists, like Kerry, have completed extensive training to meet the strict standards of practice and ethics. As a result, they can demonstrate a high degree of expertise and knowledge in personal injury legislation and claim processes.

The Car Accident Compensation Lawyers QLD can provide legal counsel tailored specifically to the complexities of motor vehicle accidents, including hit-and-run cases.

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We utilise the latest technology, enabling our QLD-wide team to explain your legal rights wherever you live in our great state.

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About Nominal Defendant Claims

The Motor Accident Insurance Act 1994 established the Nominal Defendant in Queensland. This statutory body replaces the compulsory third-party insurer for car accident claims when the driver’s identity cannot be confirmed.

  • When a hit-and-run driver fails to stop at the crime scene, you lodge a Nominal Defendant claim.
  • You do not need to prove that the driver left the scene to make a Nominal Defendant claim, only that they were at fault for the collision.
  • Approved hit and run compensation is paid from the Nominal Defendant Fund.

More about Nominal Defendant claims >

How Much Compensation for a Hit-and-Run Accident?

If you have sustained serious or minor injuries in a motor vehicle accident and you don’t know the details of the drivers involved in the collision, you may be eligible to claim hit-and-run accident compensation. Similar to a compulsory third-party claim, Nominal Defendant compensation can include both past and future economic loss and non-economic damages, including the following:

  • Lost income and superannuation
  • Reasonable medical expenses
  • Rehabilitation expenses
  • Out-of-pocket expenses
  • Travel costs related to your accident claim
  • Cost of additional home care and medical aids

In the end, the amount of lump sum compensation will depend on the severity of your injuries and how they have changed your daily life.

Experienced motor vehicle accident lawyers can assess your situation and calculate potential damages based on their knowledge of similar cases.

More about compensation calculations >

A compensation claim payout will be reduced if it can be demonstrated that you contributed to the accident (known as contributory negligence). 

Experienced motor vehicle accident lawyers can assess your situation and calculate potential damages based on their knowledge of similar cases.

Unfortunately, the force of a motor vehicle accident can have fatal outcomes. In such tragic circumstances, the law recognises the rights of close relatives to seek justice and financial support through a wrongful death claim.

If the injury from a hit-and-run accident results in death, close relatives and financial dependents of the deceased, such as a spouse, parents, children, or siblings, could make a compensation claim. Fatal car accident claims can provide financial compensation to the family members left behind, helping to cover:

  • Funeral expenses
  • Loss of financial and non-financial support
  • Emotional suffering

Steps to Take After a Hit and Run Incident

The initial step following a hit-and-run incident is to ensure the safety of the parties involved to prevent further harm. While it may be challenging, aim to remain calm and record as many details as possible, as this information is essential for a successful personal injury claim.

Look for Injuries

The injured person may not show immediate signs of injury, as some damage, such as whiplash, can take time to develop. Therefore, seek medical attention and have a doctor document your condition.
1

Lodge a Police Report

A police officer will usually attend the scene of a hit-and-run incident, particularly when someone has suffered serious injuries. But if they don't, you must lodge a police report within 24 hours, by phone or at a local police station. Police reports strengthen your case and are useful for court proceedings.
2

Collect Evidence

To have an approved injury claim following a hit and run, you must have evidence. Important types of evidence include photos of the scene, witness information, and any vehicle details you can recall. Also keep copies of medical bills and retrieve copies of your medical records.
3

Seeking Legal Advice Advice from a Hit and Run Lawyer

A motor vehicle accident lawyer can explain your rights regarding personal injury claims and the compensation process.
4
Infographic showing the timeline of a hit and run accident claim
The Hit and Run Compensation
Process

The claims process for hit-and-run accidents is similar to other types of CTP insurance claims for motor vehicle accidents.

Before starting a Nominal Defendant claim, you must take reasonable steps to identify and locate the at-fault driver or vehicle. This process can include

  1. Helping with the police investigation
  2. Locating witnesses
  3. Making other public enquiries

Specialist car accident lawyers can help you understand:

  • Your legal rights
  • Potential barriers
  • What you must prove for a successful motor accident claim

 

Lodging a hit and run compensation claim involves submitting a claim form with the QLD Nominal Defendant. You’ll likely need to demonstrate that you have taken reasonable steps to identify and locate the at-fault driver.

Most hit-and-run accident claims are settled through mediation with all involved parties. However, there are sometimes court proceedings. Our accident lawyers would explain your options and possible outcomes in such cases.

Hit and Run Advice from
Personal Injury Lawyers

The steps you take after a motor vehicle accident, including when a driver flees the scene, can have a significant impact on the outcome of a case. That’s because you can’t make a CTP insurance claim without insurance details, which means you must seek damages from the Nominal Defendant Fund.

If you have been involved in a motor vehicle accident with a hit-and-run driver, our personal injury lawyers can explain your eligibility to claim compensation and the next steps of the claims process.

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Free Legal Case Review

The Car Accident Compensation Lawyers QLD can provide legal advice for hit-and-run accident compensation with a 100% no-win, no-fee, no-risk guarantee. Pay only after a win and nothing if you lose.

It’s free to know your options. Call 1800 860 777

Hit and Run Compensation
Claim FAQs

Even if a hit-and-run driver remains unidentified, you may still be eligible to make a compensation claim. Instead of seeking damages through CTP insurance, you claim against the QLD Nominal Defendant.

In Queensland, it is a criminal offence to leave the scene of an accident. Consequently, drivers involved in a hit-and-run accident can face penalties including:

  • A maximum fine of 20 penalty units, which is equivalent to $2,611
  • Up to one year in prison
  • For accidents with serious injuries or death, up to 120 penalty units or 3 years in prison
  • A court can also suspend a hit-and-run driver’s licence for a minimum of six months.

When the responsible driver leaves a hit-and-run motor vehicle accident without meeting their legal obligation, including sharing insurance details, you should:

  • Contact the police
  • Ensure your safety by not chasing them
  • Check for injuries sustained in the collision
  • Collect witness details
  • Get expert legal advice

If you are not at fault for a hit-and-run accident, you will likely not have to pay an excess fee.

A Nominal Defendant claim enables accident victims to seek compensation from a government insurance scheme (known as the Nominal Defendant) when the responsible driver’s details are unavailable.

Our motor vehicle accident team can explain the process.

You might be eligible to make a claim against your own insurance policy or seek compensation through Queensland’s road insurance scheme following a hit-and-run accident.