Hit and Run in Australia: What You Must Do Immediately

A hit-and-run incident can leave you shaken, angry, and unsure of what to do next. Whether your car was sideswiped while parked or you were rear-ended and the other driver fled the scene, the legal and insurance implications are serious. Yet many drivers don’t realise they have rights and pathways to recovery, even when the other party disappears.

In this guide, we break down what to do in a hit-and-run situation and how you can protect yourself legally, financially, and practically. From reporting the incident to securing a no-out-of-pocket expenses* replacement vehicle, here’s what every Australian driver should know.

What Is a Hit and Run Accident?

A hit-and-run occurs when a driver is involved in a car accident and leaves the scene without stopping to provide their details or assist. Under Australian road rules, all drivers are required to stop after an accident, whether or not they caused it.

Hit and runs include:

• Crashing into a parked car and leaving no note
• Colliding with a moving vehicle and fleeing
• Causing injury or property damage and driving away

The failure to stop, offer help, or report the crash turns a traffic incident into a criminal offence. If you’re the victim, quick and informed action is essential to protect your rights.

These accidents are not limited to busy intersections or highways. They can occur in car parks, on suburban streets, or even in your driveway. A common misconception is that if no injury is involved, the incident is less serious. Failing to stop and leave your information, even if you believe the damage is minor, can result in substantial legal and financial consequences.

Legal Definition and Consequences in Australia

The legal consequences for a hit-and-run offence vary slightly by state but generally include fines, licence disqualification, and possible imprisonment.

For example, the penalty for a hit and run parked car in Australia may involve:

• Up to 10 demerit points
• Fines exceeding $3,000
• Potential jail time if injury is involved

In some jurisdictions, drivers can face criminal charges even if the damage is minor. Not stopping and exchanging details—even in a car park—can result in significant penalties. Reporting is especially critical when someone is injured, as failure to render assistance can lead to serious legal consequences.

Penalties may escalate further depending on the severity of the outcome. For instance, if the crash resulted in serious bodily harm or a fatality, the offender could face years in prison, criminal prosecution, and long-term driving disqualification. These consequences highlight the seriousness with which Australian law treats driver accountability.

1. Ensure Safety First

Immediately check for injuries—your own, passengers’, and others’. If anyone appears hurt, do not attempt to move them unless they are in danger. Safety should always come first.

If your car is drivable and in a dangerous location (e.g., an intersection or curve), move it to the roadside. Turn on hazard lights and use cones or warning triangles if available. Avoid standing in traffic zones while inspecting your vehicle.

You should also assess the immediate area for further hazards—spilled fuel, broken glass, or unstable roadside surfaces. Remaining calm and alert will help you make safe, rational decisions in the critical first minutes after a crash.

2. Call Emergency Services

Dial 000 to request police, ambulance, or fire services if needed. This is essential if anyone is injured, the vehicle is undrivable, or public property has been damaged.

Be prepared to share:

• The location of the crash
• Any injuries or hazards
• Descriptions of the fleeing vehicle

Police reports provide critical documentation that supports your hit-and-run car insurance claim. Some states also require reporting within a specific time window, even if no injury occurred.

Even if emergency services are not required on-site, contacting the police creates an official record of the incident, which is essential when pursuing compensation or disputing liability with an insurer.

3. Collect Evidence at the Scene

As soon as it’s safe, gather evidence. This can include:

• Photos of your vehicle’s damage
• Photos of the location, skid marks, and broken parts
• Dash cam footage, if available
• Details of the fleeing vehicle (plate number, make/model, colour)

This documentation helps verify your hit-and-run Australia claim and may assist police in locating the offender. Save all data to a cloud or secure storage location immediately.

Be thorough—take wide shots of the entire scene as well as close-ups of damage. Include photos of road conditions, traffic signs, and lighting. The more detailed your documentation, the stronger your case when filing reports or insurance claims.

4. Speak to Witnesses and Get Contact Details

If anyone nearby saw the crash, ask them:

• What they witnessed
• Whether they recorded it or took a photo
• For their name and contact details

Witness statements can be powerful in police investigations or when dealing with insurers. If you are struggling to gather statements, we offer templates to follow up and request witness declarations in writing.

Even partial recollections—such as noticing the colour of the fleeing car or the direction it headed—can help investigators. Witnesses may be more cooperative if approached respectfully and with urgency, so don’t delay.

5. Report the Incident to the Police

Always report a hit-and-run to the police, regardless of the damage level. This step is not only a legal requirement in many cases but also essential for your hit-and-run car insurance claim.

Information to include:

• Your contact and licence details
• Time, date, and location of the crash
• Description of the incident and the fleeing vehicle
• Any injuries or property damage
• Evidence such as images or footage

Some states allow you to report online, while others require an in-person visit. We assist users with properly structuring their police report, especially when no suspect has been identified.

A timely and well-documented police report serves multiple purposes: it validates your insurance claim, supports legal claims against the at-fault party, and helps law enforcement build a case to identify and prosecute offenders.

6. Notify Your Insurance Provider

Once the police report is filed, notify your insurer. Be ready with:

• Your policy number
• Police event number
• Photos and supporting documents
• Witness contact details, if available

In hit-and-run car insurance claims, your coverage type matters. If you have comprehensive insurance, your damage is usually covered (less any applicable excess). If you’re not at fault and the other driver is found, your excess may be waived or refunded.

Contacting your insurer early also allows them to open an investigation and follow up with authorities. Our templates help you formally present all claim materials to ensure your file is processed without delays or omissions.

7. Understand What Insurance May Cover

Insurance coverage varies based on your policy:

• Comprehensive insurance: Generally covers hit-and-run damage and will allow you to proceed with a repair or write-off claim.
• Third-party property: Usually does not cover your damage if the other driver cannot be identified.
• CTP (Compulsory Third Party): Only covers injury, not damage to others.

If the other driver is not found, some insurers still require an excess to be paid. That’s why clear documentation and timely reporting matter. We help clarify your cover with insurer-ready letters referencing relevant product disclosure statements.

Some insurers offer additional protections such as no-excess hit and run clauses—but these are often optional extras. Reviewing your Product Disclosure Statement (PDS) can help you understand your rights in depth.

8. Know When a Claim Against the Nominal Defendant Applies

If the driver who caused your crash is untraceable, you may be able to claim compensation through the Nominal Defendant scheme.

This applies if:

• You were injured in a hit-and-run
• The at-fault vehicle is uninsured or unidentified
• The crash occurred on a public road

Each state has its own rules and timeframes (e.g., three months to lodge a claim in many cases). The process can be complex, but we provide letter templates and checklists to help you begin a Nominal Defendant claim without needing legal representation.

This path can provide compensation for medical bills, lost income, and rehabilitation costs when no other insurer is available. It’s a vital option for victims of serious hit-and-run incidents who might otherwise be left without support.

Conclusion

Experiencing a hit and run Australia crash can feel overwhelming. But knowing what to do in a hit and run—from safety and reporting to documentation and insurance—makes a real difference.

With the right tools and a clear plan, you can assert your rights, seek recovery, and avoid the stress of delays or rejections. Don’t wait—take the necessary steps immediately.

Prompt action improves your chances of recovering damages, locating the offender, or getting the support you need to repair or replace your vehicle and move forward.

Get Guidance from I’m In The Right

At I’m In The Right, we help Australians who have experienced a hit-and-run incident respond confidently and correctly.

We provide:

• Pre-written complaint and claim letters
• Guidance on reporting and evidence gathering
• Access to no rental cost to you* replacement vehicles for eligible not-at-fault clients
• Support with lodging police reports, insurer notifications, and Nominal Defendant claims

If you’ve been impacted and don’t know where to start, contact us. We’re here to help you act fast, stay informed, and recover without unnecessary cost.