When it comes to hit-and-run motor accidents, due to the fact that the driver at fault cannot be identified, some people may think that compensation is unattainable or too difficult a task. The fact of the matter is, if you’ve been injured in any way, you have a legal right to make a claim. You shouldn’t be left to deal with your medical bills, loss of income, or on-going psychological suffering for falling victim to someone else’s callous actions. So, how would you go about claiming?
Evidence
The first three things to do immediately after an accident are 1. File a police report 2. Ask any witnesses to stick around for the police report and 3. Contact a motor accident lawyer. In each instance, it’s of the utmost importance to try and gather as much information as you possibly can – this will all become evidence in your claim. Be sure to note the exact date, time, and location of where the incident occurred and know that even minor details are also important. Details like the make and model of the vehicle; or that it had a bull bar, racing stripes, or a noticeable scratch on the bonnet can all help your legal team in identifying the other driver.
Make sure you also keep track of all medical records and receipts, including travel expenses to get to and from your medical appointments. Proof of income, sick leave forms, a letter from your employer, and records from you accountant will also be required as evidence of loss of income.
Nominal Defendant
In NSW, all insurers are required to be a part of the Nominal Defendant fund. So, in a hit-and-run case, a personal injury claim against the Nominal Defendant can be made, if the driver cannot be identified.
Due Search and Enquiry
Before making a claim, however, you must undertake a ‘due search and enquiry’ to identify the driver who hit you. Whether it’s putting an ad out in the local paper or radio station, or searching for video evidence, you must show that you undertook necessary means of investigation to identify the driver in question (this is where having a good legal team will benefit you immensely).
Nominal Defendant Compensation Claim Inclusions
A successful claim can include the following:
- Reimbursement of hospital, medical, and rehabilitation expenses;
- Compensation for any loss of income – past and future;
- Lump sum payment for your pain and suffering (if you exceed the 10% wpi threshold);
- Legal costs involved in your claim (scale costs).
If the hit and run results in death, a family member or relative of the victim can make the claim and will be entitled to receive death benefits and funeral expenses.
If you’d like to speak to an expert in this field who will help you every step of the way, contact our team today: 1800 600 664.
At Taylor & Scott Lawyers, we care for you.
