Under the laws, the party suffering the consequences of someone else’s recklessness can take legal action against them to recover their loss. However, in hit and run occasions, this process can sound a bit more complex as to whom the case will be filed is unknown. To overcome injustice, in Australia, victims can claim motor accident compensation through Nominal Defendant. Nominal defendant fund is a statutory body whose sole purpose is to act as the defendant during the court proceedings to compensate for the loss of the party in need. While the unidentified runaway driver will be judged with a crime, the victim can compensate for their loss just as in standard motor accident claim.
What to do after a motor vehicle accident
Normally in a motor vehicle accident, both parties should pull over and exchange their information. This includes the personal information, contact details, license number of the other vehicle, insurance contact details and witness statements, if any. Videos and pictures taken at the scene can also be needed to prove the fault. These pictures should be taken from a perspective that demonstrates the improper lane change, the interior of the vehicle showing the airbags were deployed – as airbags deploy at impacts on certain speeds-, the damage on both vehicles. The accident then has to be reported to the police and the emergency services if needed. The date, details and the injuries should be reported.
However, in hit and run accident, any evidence such as the pictures, witness statements and contact details of the witnesses is mandatory to obtain. Once the police are notified, you can call your lawyer and the insurer to seek assistance and organise the further steps. The police report is crucially important as the unidentified driver will be charged with serious offences. The consequences of running away after a hit and run accident can lead to cancellation of driver license, fines and imprisonment.
After motor vehicle accidents, both parties regardless of fault can request early treatment access by notifying the relevant insurer. Please note, this option can be benefitted prior to making a claim.
Hit and run compensation
The victims can proceed the claim through Nominal Defendant just as in a normal accidental motor vehicle collision. The entitlements of the victim and the compensation won’t be less than a normal claim. In NSW, the extent of motor accident compensation includes income replacements due to being off work based on a proportion of pre-accident income and medical assistance payments. However, for more serious injuries, the victim can claim for lump sum payment. A lump sum payment can be awarded to those suffering permanent loss of earning capacity and severe injuries due to the accident.
The lump sum compensation to be awarded to the victim can be modified by the contributory negligence factor. This is defined as the victim’s contribution to the accident which led to severe injuries. Driving slightly above speed limits, lack of taking personal care such as not fastening the seatbelt, and ignoring the following distance in rear end collisions are some examples that can be given to contributory negligence.
Hit and run accident entitlements
Under the laws, the runaway driver will be punished with serious and intentional crimes. On the other hand, you are protected and assisted to recover your loss and ease your pain. You can be certain that you won’t be aggrieved. However, personal injury claims are known as complex claims that require to be handled professionally. Hiring a hit and run lawyer would be a wise choice as focusing on the claim while sustaining such severe injuries can be overwhelming.