Due to Western Australia’s Motor Vehicle (Third Party Insurance) Act of 1943, it can be difficult to lodge a car accident claim when the at fault driver is unknown. This is commonly called a “hit and run accident.” The Insurance Commission of Western Australia (ICWA), in its brochure “A Guide for People Injured in a Motor Vehicle Crash,” only devotes one sentence to an unknown driver being at fault:
“However, if the vehicle at fault is unidentified or unlicenced, you may still be able to make a claim.”
This may not sound very promising to someone who isn’t in the legal profession. However, it is certainly possible to file a claim.
What You Can Do
The first thing you need to do is hire a lawyer. The Insurance Commission has a lot of legal talent on their side and they are the ones who ultimately decide whether or not you will receive any compensation. You need an advocate on your side who knows the law and can ensure that justice is done for you.
One thing that is very helpful is if you demonstrate that you did everything you could do to determine the identity of the hit and run driver. It is wise to contact and talk to any witnesses of the accident. In addition, you should knock on doors within eyesight of the accident and ask if anyone saw it or could provide any helpful information.
It is also wise to put an ad in the public notices section of your local and regional newspapers asking anyone who saw the accident to come forward.
What We Can Do
At Bradford Legal, we can help you navigate the intimidating maze of laws and regulations in Perth. We can be your advocate and help counter any arguments the Insurance Commission may have that would help them deny your claim.
Call 1300 738 303 today.