Hit and run accident claims for injury (Vic)
A ‘hit-and-run’ accident occurs when a car or another vehicle has been hit by a vehicle who then leaves the scene of the accident.
If a person is involved in an accident then they should stop and offer help if they can to the other parties involved in the accident. They should also exchange details with the other people involved.
If a person leaves the scene of an accident, they can be subject to penalties.
After an accident, a person should:
- Stop to see if anyone is injured or if there’s any damage
- Exchange contact details with the other drivers
- Contact the appropriate emergency services
If you know the details of the vehicle that hit you
If you were able to obtain the registration number of the other vehicle, or one of the other witnesses was able to obtain this information, you should contact the police as soon as possible.
What if I was injured and don’t know the details of the vehicle or the identity of the other driver?
If you’re injured in a hit and run accident you’re entitled to make a claim through the TAC.
Obviously, it’s best to have as much detail of the other parties involved in the accident as possible but if the accident involved a hit-and-run this might be difficult.
The good news is that if you are in a motor vehicle accident that involves an unidentified vehicle or person, you are still entitled to lodge a TAC claim and you should still be entitled to what a person would be entitled to if the other driver was known.
In order to make a claim in these circumstances, you should contact the TAC, either via phone or use their online claim lodgement form.
You should provide as much detail regarding the accident as possible. You’ll need to let them know that the other vehicle is unidentified.
The fact that the vehicle is unidentified should have no impact on your ability to claim medical and like expenses, income replacement benefits if your ability to work is impacted as well as a lump sum for permanent impairment called an impairment claim.
In relation to bringing a common law claim, which is a lump sum claim where you are pursuing an action against a negligent driver in certain circumstances the TAC will still be required to pay compensation to a person who is injured or dies as a result of a motor vehicle accident that is caused by the negligence of a driver of an unidentified vehicle.
In order to be entitled to compensation, you’ll need to show that you were involved in a motor vehicle accident which involved in an identified vehicle.
You must also show that there was negligence on the part of the unidentified vehicle arising out of the incident and that the unidentified vehicle failed to take reasonable care.
Importantly, you must provide notice to the TAC of your intention to bring a common law claim cases where the other driver cannot be identified.
Notice must be in writing and occur as soon as possible after the accident.