Maurice Blackburn

State based laws in Queensland and NSW prohibit the publication of information on some of our areas of practice. The information on this site is for Victorian or ACT users.  If you are in Queensland or NSW please refer to the relevant links on this page to direct you to the appropriate information.

What happens if I can't find the driver or the motor vehicle that hit me?

You can still make a claim for compensation for injuries you sustained in a road or transport accident, even if:

• the driver cannot be found or identified, or
• the motor vehicle cannot be found or identified.

You can make a claim for compensation by lodging the claim with the Transport Accident Commission ("TAC") which is the compulsory third party insurer in Victoria.

You may be entitled to receive benefits which include:

• reasonable medical and like expenses
• hospital expenses
• nursing and disability service
• attendant care
• post acute services
• compensation for lost wages
• expenses arising from death, and
• lump sum payments.

If the accident was someone else's fault and you have a 'serious injury' you may be able to sue the unidentified driver for compensation for pain and suffering, loss of enjoyment of life, loss of earnings and earning capacity by issuing proceedings against the TAC.  TAC must be given notice that driver or the motor vehicle cannot be found, together with other specific information about the claim

Case example

Jack was crossing the road at a pedestrian crossing, when he was struck by a motor vehicle, which failed to stop.  Neither the driver or the motor vehicle could be found.

Despite not being able to identify the driver of the motor vehicle, Jack was able to lodge a claim with the TAC and receive compensation.  With the assistance of Maurice Blackburn, the compensation that Jack receives included payment for:

• his hospital and medical treatment
• gardening assistance and household assistance
• travel expenses for treatment, and
• lost wages.

With the assistance of Maurice Blackburn, Jack was able to convince the TAC that his injuries were "serious" and a claim for common law proceedings was commenced against the TAC.  Jack was able to recover compensation for pain and suffering, loss of enjoyment of life and the loss of earnings and earning capacity. 

Will it cost anything to find out whether or not I can make a claim?

No - we are happy to advise you on your situation during a first free consultation.  For advice and help with a claim, click here to be to be contacted by one of our TAC lawyers or call 1800 810 812.