If you are injured in a hit and run accident in Queensland, it is crucial to know the steps to take and understand your legal rights. This guide is aimed at road users including drivers, pedestrians, and cyclists, to help navigate the aftermath of such an incident.
Steps to Take Following a Hit and Run
1. Ensure Safety and Seek Medical Attention
- Move to a Safe Location: If possible, move yourself and any other injured parties to a safe location away from traffic.
- Call Emergency Services: Dial 000 to report the accident and request medical assistance. Even if injuries seem minor, it is important to get a professional medical evaluation.
2. Gather Information
- Details of the Incident: Try to remember and note down as many details as possible about the vehicle that hit you, including the make, model, colour, and registration number if possible.
- Witness Information: Collect contact details from any witnesses who saw the accident. Their statements can be crucial for your case.
- Photographic Evidence: Use your smartphone to take photos of the accident scene, your injuries, and any property damage. Look for nearby surveillance cameras that might have captured the incident.
3. Report the Accident
- Notify the Police: Report the hit and run to the police as soon as possible. Give them all the details you have gathered. This is essential for legal and insurance purposes.
- Obtain a Police Report: Ensure you get a copy of the police report, as it will be necessary for any insurance claims or legal actions.
4. Contact Your Insurance Company (if you were in a vehicle or have personal insurance such as for cyclists)
- Start the Claims Process: Inform your insurance company about the accident and provide them with all the information and evidence you have collected. They will help guide you through the claims process.
5. Document Your Injuries and Expenses
- Medical Records: Keep detailed records of all medical treatments and expenses related to the accident. This includes hospital visits, medications, and any ongoing treatments.
- Lost Income: Document any loss of income due to the accident, including time off work and any impact on your ability to perform your job.
6. Seek Legal Advice
- Consult a Personal Injury Lawyer: It is advisable to seek legal advice to understand your rights and the best course of action. Many law firms offer free initial consultations and work on a no-win, no-fee basis.
Legal Rights and Compensation
Reporting Obligations
Under Queensland law, drivers involved in an accident must stop and provide their details. Failure to do so is a criminal offence with severe penalties, including fines and imprisonment. This is applicable to hit and run situations as they have failed to uphold this obligation.
Compensation Claims
Even if the at-fault driver is not identified, you can still seek compensation:
- Nominal Defendant: In cases where the driver cannot be identified, you can file a claim against the Nominal Defendant, a government insurer established to compensate victims of negligent driving.
- CTP Insurance: If you have the registration number of the offending vehicle, the Motor Accident Insurance Commission can help identify the driver and their Compulsory Third Party (CTP) insurer, allowing you to claim directly from them.
Next Steps for Claiming After a Hit and Run Injury
By following these steps and understanding your legal rights, you can better navigate the challenging aftermath of a hit and run accident and ensure you receive the compensation and support you need.
Seeking legal assistance from experienced personal injury lawyers can help you achieve this. For expert legal advice and support, contact Smith's Lawyers at 1800 960 482 or request a free case review. All claims are run on a risk-free basis with no upfront costs.
