Who pays in a hit-and-run claim by state
| State | Body responsible for unidentified-vehicle claims |
|---|---|
| NSW | Nominal Defendant (administered by SIRA) |
| VIC | TAC - automatic no-fault scheme covers regardless of identification |
| QLD | Nominal Defendant (Queensland) |
| WA | Insurance Commission of WA |
| SA | Nominal Defendant administered by CTP regulator |
| TAS | MAIB - automatic no-fault scheme |
| ACT | MAI scheme - defined benefits regardless |
| NT | MAC scheme - automatic no-fault |
Critical notification deadlines
Hit-and-run claims have shorter deadlines than identified-vehicle claims because of the increased risk of fraudulent claims:
- NSW Nominal Defendant: notice within 3 months
- QLD Nominal Defendant: notice within 9 months from accident
- WA: 3 years statute of limitations applies
- VIC TAC: 12 months for primary claim (no-fault)
- Other states: vary, generally 6 to 12 months
Missing the deadline can extinguish the claim entirely. Lodge as soon as possible, even before you have all the evidence.
You must show "due search and inquiry"
Most schemes require you to demonstrate you took reasonable steps to identify the at-fault driver before claiming against the Nominal Defendant. This typically means:
- Reporting the crash to police immediately and obtaining a report number
- Taking photos of any vehicle damage
- Getting witness contact details
- Checking nearby CCTV (private businesses, public agencies)
- Following up with police on identification efforts
Failure to make reasonable inquiries can result in claim refusal. Specialist lawyers can demonstrate the inquiries you've made and pursue further inquiries on your behalf.
What you can claim
Hit-and-run claimants are generally entitled to the same benefits as ordinary motor accident claimants:
- Weekly income support / earnings replacement
- Medical and treatment expenses
- Rehabilitation and care costs
- Lump-sum impairment compensation (for serious injuries)
- Common-law damages where the scheme allows (rare for unidentified-vehicle claims because no defendant exists)
Common-law damages are often limited or unavailable for hit-and-run claims because there's no driver to find negligent - but the statutory scheme benefits remain available.
Free claim assessment A specialist will assess your situation in a no-obligation 15-minute call →