One moment, you’re riding smoothly, and in the next, a car collides with your motorcycle and speeds away. The shock, injuries, and disbelief can be overwhelming.
Hit-and-run accidents are every rider’s worst fear—and they’re happening more often than you’d expect. Brisbane alone has seen numerous cases, including serious incidents on the Pacific Motorway and a tragic crash in Chermside.
When a driver leaves the scene, it’s not just frustrating—it’s illegal. In Australia, fleeing the scene of an accident is strictly prohibited, regardless of the severity. So, how do you protect yourself and ensure justice is served? Here’s a step-by-step guide on what to do if you’re ever involved in a hit-and-run.
Steps to Take After a Hit-and-Run Accident
Step 1: Prioritise Your Safety
Your safety is paramount. Move yourself and your motorcycle to a safe area, away from traffic. Turn on hazard lights and use any reflective warnings to alert others.
Even if you feel okay, adrenaline can mask pain—if you’re lightheaded or in shock, stay still and wait for medical help. Call 000 and report the accident, regardless of injury severity.
Step 2: Gather Information
Once you’re safe, start collecting as much information as possible. Try to remember key details about the accident: how it happened, road conditions, and any specifics about the other vehicle (make, model, colour, or even a partial licence plate).
Note the direction the car fled, and ask any witnesses for their contact details. Every detail can help protect your rights.
Step 3: Document the Scene
While waiting for authorities, use your phone to take photos and videos of the accident scene.
Document your motorcycle’s damage, any visible injuries, and the surrounding area, such as road signs and traffic lights. Capture any debris or skid marks that could aid in reconstructing the accident later.
Step 4: Report to the Police
Even if the other driver is long gone, you must report the hit-and-run to the police. Filing an official report is crucial for any future insurance or compensation claims.
Provide all the information you’ve gathered—photos, witness statements, and vehicle descriptions. Make sure the police file a hit-and-run report and get the officer’s name and report number for your records.
Step 5: File an Insurance Claim
After reporting the accident, contact your insurance company. Even if the hit-and-run driver isn’t found, your insurance policy may still offer coverage.
Check if you have uninsured motorist coverage, which can help with medical expenses and motorcycle repairs. When filing your claim, provide the police report, photos, and any other supporting evidence.
Step 7: Seek Legal Help
Hit-and-run accidents often leave victims with significant medical bills and property damage. If the driver is found, you may need to take legal action to pursue full compensation.
Even if the driver remains unidentified, you can file a claim through the Nominal Defendant scheme, which ensures compensation for your injuries. A law firm experienced in motorcycle accidents, like Motorcycle Law Queensland, can guide you through this process.
Hit-and-Run Penalties in Queensland
Under the Transport Operations (Road Use Management) Act 1995, drivers involved in accidents must follow specific legal obligations:
- Stop Immediately: All drivers must stop at the scene, regardless of the accident’s severity.
- Render Assistance: They are required to provide reasonable assistance to anyone injured.
- Exchange Information: Drivers must exchange their names, addresses, and vehicle details with others involved or property owners.
- Report to Police: If no police officer is present, the driver must report the accident to the nearest police station as soon as possible.
Failure to comply with these obligations can result in significant penalties, including fines up to $2,300 or imprisonment for up to 12 months. Refusing to provide personal details or report the incident may result in additional fines exceeding $2,000.
In more serious cases involving injury or death, penalties can be much harsher, including imprisonment of up to 10 years.
Compensation for Hit-and-Run Victims
If you’ve been injured in a hit-and-run, you may be entitled to compensation for medical and financial hardships. Compensation may cover:
- Medical and rehabilitation expenses (past and future)
- Lost income
- Pain and suffering
- Property repair or replacement
- Home modifications and attendant care
- Loss of enjoyment of life
A specialist law firm, such as Motorcycle Law Queensland, can assist in navigating the state’s road insurance scheme to ensure you receive the compensation you deserve.
How Motorcycle Law Queensland Can Help
At Motorcycle Law Queensland, we specialise in representing motorcyclists involved in accidents, including hit-and-runs. As fellow riders, we understand the unique challenges you face and are here to provide expert legal guidance and support.
- Evidence Collection: We help gather crucial evidence, such as CCTV footage, witness statements, and traffic data, to build a strong case.
- Legal Representation: Whether the hit-and-run driver is identified or not, we work to ensure you receive the compensation you’re entitled to for medical bills, lost income, and property damage.
- Compassionate Support: We know how stressful recovery can be, and we’re here to offer legal and emotional support every step of the way.
Keep Yourself Protected
Being involved in a hit-and-run can be a traumatic experience, but knowing what to do if you’re involved in an accident can make all the difference.
By following these steps—gathering information, reporting the incident, and seeking legal advice—you can protect your rights and improve your chances of receiving the compensation and support you deserve.
Need help after a hit-and-run? Contact Motorcycle Law Queensland today for expert legal advice and representation. We’re here to protect your rights and ensure your case is handled with care.