Hit and run motor vehicle collision
I was involved in a hit and run accident whilst taking my children to hospital - the driver stopped approximately 100m up the road and then took off - after I'd obtained the registration I contacted police and had to make a formal report the next day as the other driver did not bother to exchange details - I later found out the vehicle was reported stolen prior to this occurring. I've had my car assessed by insurance preferred repairer however insurance company is saying I will still be out of pocket even thought I was stationary at the time of collision. What are my legal rights in regards to contesting the insurer in respect of paying the excess?
Hi there,
For personal injury:
If you suffered injuries in the accident and your accident occurred in Queensland your claim is against the Nominal Defendant when you cannot identify the driver and they just "flee" the scene. Your normal time limits are drastically reduced. Where you normally have 9 months to put the insurer on notice you only have 3 months to notify the Nominal Defendant - go beyond that time frame and its OK you just need a reasonable excuse for delay. But most importantly your 3 year limitation is reduced to 9 months, if you wait longer than 9 months and the car has fled the scene unfortunately you have no right to a claim at all. You must provide the Nominal Defendant with a 'compliant' Notice of Accident Claim form within that time frame.
If you are injured and you did get the rego, even if the car was stolen, that's fine, your claim is against the CTP insurer of the vehicle that was stolen and you have 9 months to notify the insurer and 3 years to bring a claim.
You are welcome to speak to me directly if you need any specific legal advice about other aspects of the claims process.
Regards,
Michael
Suggested way forward
If you would like Maelstrom Lawyers to assess any rights to personal injury compensation we are happy to do this for you; we operate on a no win no fee pay arrangement; we do not charge a 25% uplift for our work (most firms do); and we reduce our fees below the mandatory 50% in the 50:50 rule; we also have our work independently cost assessed so that you can identify precisely what work we have done and you get a copy of the report.
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