Interesting articles

Hit-And-Run Accidents In Perth: What Are Your Legal Options?

Vehicle After Hit-n-Run in Perth

Getting hit by a driver who decides to flee the scene is a strange kind of frustrating. You’re left with the damage, a potential injury, and none of the answers you really need, starting with who’s responsible. If you’ve been in a hit-and-run in Perth, you still have options for compensation, even if the at-fault driver is never identified. It just means understanding how WA’s compensation scheme handles this gap, which is exactly what we can walk you through at Blumers Personal Injury Lawyers.

 

What Makes a Hit-and-Run Legally Different From a Standard Collision

In a standard accident, both drivers are identified, insurance details are exchanged and a claim proceeds against the at-fault driver’s Compulsory Third Party (CTP) insurer. A hit-and-run skips that step entirely. There’s no licence plate, no name and often nothing more than a witness who caught a flash of colour.

 

That’s a real problem for a CTP claim, because the whole system is built around identifying the other driver’s insurer. No driver means no insurer to claim against in the usual sense. It doesn’t mean you’re out of luck, though; WA has a legal mechanism designed specifically for this situation. However, it does mean the claims process looks different from day one. Evidence needs to be gathered faster, deadlines can be tighter and the proof you need shifts towards establishing that an unidentified vehicle caused your injuries, rather than pinning down who was behind the wheel.

 

This is where having someone in your corner who’s handled this scenario before makes a real difference. It’s a situation our team at Blumers is well-versed in.

 

Immediate Steps to Take After a Hit-and-Run

What happens in the minutes and days after a hit-and-run can shape the strength of your future claim. Where you’re able to, try to:

 

  1. Call the police straight away and report the incident, even if it feels minor at the time. A police report number can be essential evidence later.
  2. Note everything you can about the vehicle: colour, make, model, part of the number plate, the direction it went and any distinctive features.
  3. Look for witnesses and ask for their contact details. A bystander’s account can be the difference between a claim that proceeds smoothly and one that stalls.
  4. Check for nearby CCTV or dashcam footage; shopfronts, traffic cameras and other vehicles on the road may have captured the incident.
  5. Seek medical attention and keep every record: ambulance callouts, hospital admission, GP visits and specialist referrals all form part of your evidence trail.
  6. Photograph the scene and your injuries as soon as it’s safe to do so, before damage is repaired or bruising fades.

None of this guarantees the driver will be found, but it gives your claim something solid to stand on either way.

 

How to Identify the At-Fault Driver

Police investigations are the main avenue here and WA Police will typically follow up on reports involving injury. Beyond the official investigation, a few other avenues can help:

 

  • Traffic and speed camera footage along the route, which police can request as part of their enquiries
  •  Local business or residential CCTV, which often needs to be requested quickly before footage is overwritten
  • Vehicle repair shops, since a driver may seek repairs for damage consistent with the collision
  • Social media or community group appeals, which have occasionally helped identify vehicles in local hit-and-run cases

If the driver is identified, even after the fact, your claim generally proceeds as a standard motor vehicle accident matter against their CTP insurer. If they aren’t identified within a reasonable timeframe, there’s a different path, and it’s one we can help you navigate.

 

Claiming Compensation When the Driver Can’t Be Found: The Nominal Defendant Scheme

This is exactly what WA’s Nominal Defendant scheme exists for. When the at-fault driver can’t be identified, you can make a claim against the Nominal Defendant, a statutory entity that essentially stands in for an unidentified or uninsured driver so you’re not left without recourse.

 

In WA, the Insurance Commission of Western Australia administers these claims and acts as the Nominal Defendant. To succeed, you’ll generally need to show a genuine effort was made to identify the driver, which is exactly why the police report, witness statements and any footage from earlier matter so much.

 

There are strict notification periods for these claims and missing them can put your compensation at risk. This scenario is one of several situations involving uninsured or unidentified drivers where the claims process departs from the usual model and getting the procedural requirements right early makes a real difference to the outcome. If any of this feels like a lot to manage on your own, that’s exactly what Blumers is here for.

 

What Compensation You May Still Be Entitled To

A hit-and-run doesn’t change what you may be entitled to claim; it changes how you go about claiming it. Depending on your circumstances and the nature of your injuries, compensation through a Nominal Defendant claim may cover:

 

  • Medical and rehabilitation expenses, both incurred and reasonably anticipated
  • Lost income, including a reduced ability to work if your injuries affect you long-term
  • Pain and suffering associated with your injuries
  • Care and assistance costs, where a family member or professional has provided support during recovery
  • Vehicle damage and associated costs, in some circumstances

Every claim comes down to its own facts, including the severity of the injury and the strength of the evidence connecting it to the incident. There are no guaranteed outcomes, but a well-prepared claim gives you the best chance of an outcome that reflects the true impact of the accident on your life.

 

Why It’s Worth Getting Advice Early

Nominal Defendant claims come with procedural requirements that standard CTP claims don’t have and getting them wrong can put your compensation at risk altogether. This is where Blumers can help you: meeting notification deadlines, pulling together the right evidence, and dealing with the Insurance Commission of Western Australia on your behalf so you don’t have to.

 

If you’ve been in a hit-and-run and you’re not sure where that leaves you, Blumers can look at your situation and talk you through your options clearly, no jargon, no pressure. A hit-and-run can leave you juggling medical appointments, car repairs and missed work, all while trying to figure out if you’ve even got a claim worth pursuing. You don’t have to work that out on your own.

 

Blumers Personal Injury Lawyers can talk you through what’s involved in a Nominal Defendant claim, what evidence is likely to strengthen your position and what timeframes apply to your specific situation. The initial conversation costs you nothing and there’s no obligation to proceed afterwards. If you’ve been affected by a hit-and-run in Perth, get in touch with Blumers today to find out where you stand.