What to do after a hit and run - insurance and next steps

3 minute read

Motor vehicle accident

Steps to take after a hit and run on the highway

Most motorists know that if they’re involved in an accident on the road, they should pull over as soon as they safely can.

Unfortunately, in rare cases, the person responsible for causing an accident may drive off without stopping. This is known as a ‘hit and run’ and it is illegal in Australia.

Here we explain what you should do if you’re involved in a hit and run, what compensation you may be entitled to and how you can go about claiming it.

In Australia, by law drivers must pull over and stop anytime they are involved in an accident, regardless of whether it’s a hit and run or not. This is the law whether the accident involves multiple cars, motorbikes, cyclists or pedestrians.

Once you are safely pulled over, go through our ‘At the scene checklist’ and gather or share information such as:

Details of the accident
The other party’s details
Photos of the accident
Contact details of witnesses

You may also need to contact the police if somebody is injured or killed, if one of the vehicles needs to be towed or if the damages are estimated to be $3,000 or more.

Hit and run police report

If one of the parties involved in the accident fails to stay at the scene to exchange information, regardless of whether anyone has been injured or not, this is a hit and run. In this case you must file a hit and run police report with your local police department.

Always ask for the name of the officer and the report number should a hit and run police report be filed.

What to do if I’ve been injured in a hit and run accident?

If you’ve suffered a hit and run injury, you may be eligible for compensation to help with medical or financial consequences you suffer due to your injuries. Statistics show that many types of road users claim compensation after a hit and run, including drivers of the other vehicle, motorcyclists, pedestrians and passengers.

A law firm specialising in hit and run injury claims, such as Shine Lawyers, can help you make a claim for compensation through your state or territory’s road insurance scheme whether you were the driver, the passenger or even a pedestrian. Depending on the extent of your injuries, a claim can include payments for:

medical and rehabilitation expenses (both past and future)
loss of income due to time spent unable to work (both past and future)
pain and suffering experienced

Shine Lawyers have experts in motor vehicle accident claims across many states including Queensland, New South Wales, Victoria, South Australia and Northern Territory. Our lawyers are well-versed in the intricacies of their state’s insurance scheme and are best placed to maximise you or your loved one's entitlements.

What information will help my hit and run injury claim?

When it comes to make your claim, the more information you can recall from the scene the better.

Due to the nature of hit and run accidents, sometimes it’s impossible to capture any details of the vehicle responsible. It’s important to note that even if you can’t identify the vehicle responsible, you are likely to still have a claim — there are protections in each state for people injured by unknown vehicles. However, it’s important to begin your claim as soon as possible as strict time limitations apply to claims that involve an unidentified vehicle.

Still, when possible you should share with police and your legal team the information from our ‘At the scene checklist’. You should also gather other potential identifying features such as:

the licence plates of the vehicle responsible or witnesses
the make, model and colour of any involved vehicles
a description of who was driving the car or passengers

Alternatively, if none of the above is available, your solicitor may be able to assist you with obtaining traffic CCTV footage from the authorities.

What’s the penalty for leaving the scene of an accident?

In Australia, it is illegal to leave the scene of an accident. If you are found guilty of doing so you could receive a fine, penalty units, a suspended licence, jail time or all the above.

Queensland – fine of $2,300 or a term of imprisonment not to exceed 12 months.
New South Wales – 20 penalty units, fines up to $5,500, prison term up to 2 years and loss of licence up to 5 years.
Australian Capital Territory – maximum of 20 penalty units or roughly $3,000, though harsher penalties can sometimes be given.
Victoria – 5 penalty units if it’s your first offence, 10 penalty units if it’s your second or more. Typically, your licence will also be suspended for 1 to 6 months. You may also be jailed for up to 1 month.
South Australia – maximum penalty of $2,500, with imprisonment of a minimum of 3 months if someone is injured.
Tasmania – fine not exceeding 80 penalty units or imprisonment for a maximum term of 2 years or both.
Western Australia – minimum fine of $1,500 and potential loss of licence. If an injury occurs a maximum penalty of 10 years imprisonment.
Northern Territory – penalties can include licence disqualification and imprisonment.

Shine Lawyers are expert hit and run lawyers

If you or a loved one have been injured following a hit and run, Shine Lawyers can help.

If you’re considering what to do after an injury on the road, seeking legal advice from an expert motor vehicle accident lawyer can help you ensure that you maximise the compensation you are entitled to.

Since 1976, Shine Lawyers has represented victims of road accidents, including drivers, motorcyclists, pedestrians and cyclists.

If you would like to start a claim use our free online booking tool or have questions about the process, don’t hesitate to contact us for an obligation-free consultation regarding your legal rights.

Written by Shine Lawyers. .

Frequently asked questions about hit and runs

Can I claim insurance for a hit and run?

Yes, you are able to claim under your own insurance policy and you may be entitled to compensation under your state or territory’s road insurance scheme whether you were the driver, the passenger or even a pedestrian.

However, it’s important to note that some insurers will require the full name, residential address and vehicle registration number of the other driver otherwise it’ll be treated as an at fault accident.

Can I claim compensation even if the at fault drivers’ information is never known?

If you’ve been injured in a hit and run road accident you may be entitled to compensation even if the ‘at fault’ driver is never found or known. This is under the state’s relevant CTP insurance scheme.

It’s important to note that there are strict time limits for making this type of claim. So we encourage you to get in touch with our team of hit and run lawyers who are on hand to help as soon as possible.

Someone reversed into my car when parked or sideswiped my car when parked? Are these hit and runs?

Yes, if your car has been hit by another car when parked, and the driver does not stay at the scene or leave their information these situations will be considered to be a hit and run. If someone caused damage to your car when it was parked, they are still required to leave their information for you as the car owner.

They are required to leave their name and address as well as the car registration number. If they have caused more than $3,000 worth of damage they will also need to file a police report.

Someone hit my parked car and left in Australia. Is this a hit and run?

Again, if your car has been hit even while parked, the other driver must stay with the vehicles or leave their information for you, or this will be considered a hit and run in Australia.

National Litigation Specialist Roger Singh with Frank Scott our client.

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What to do after a hit and run - insurance and next steps

Steps to take after a hit and run on the highway

Hit and run police report

What to do if I’ve been injured in a hit and run accident?

What information will help my hit and run injury claim?

What’s the penalty for leaving the scene of an accident?

Shine Lawyers are expert hit and run lawyers

Frequently asked questions about hit and runs

Can I claim insurance for a hit and run?

Can I claim compensation even if the at fault drivers’ information is never known?

Someone reversed into my car when parked or sideswiped my car when parked? Are these hit and runs?

Someone hit my parked car and left in Australia. Is this a hit and run?

Our legal experts

Resources to help you

Do you have a claim?

Enquire now

Key points

Steps to take after a hit and run on the highway

Hit and run police report

What to do if I’ve been injured in a hit and run accident?

What information will help my hit and run injury claim?

What’s the penalty for leaving the scene of an accident?

Shine Lawyers are expert hit and run lawyers