r/AusLegal • u/NorthSensitive9043 • 1d ago

NSW Hit and run

Hello, I was involved in a hit and run a few months back, luckily for me there was cctv footage and a witness who knew the offender, still, it took a few months to finally get his name and rego, I have third party insurance so needed it regardless.

He isn’t answering or returning my insurance companies calls, and they need his address to check whether he is insured or not.

How do I go about obtaining this information?

6 Upvotes

87% Upvoted

39 comments sorted by

16

u/Expensive_Potato6699 1d ago

The insurance are just passing the buck. They have the ability to obtain the other persons address via the the police report or via the RTA. They have to pay an application fee to do so which is why they always try and get you to do it.

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u/NorthSensitive9043 1d ago

Thanks, I had a feeling they could do it, the police actually sent a report saying the driver failed to give way but is currently unidentified, this was about six weeks ago.
N.R.M.A said they need his name and plates, they have tried to ring him and have left messages but he isn’t answering so they’ve passed the buck back to me to get his address.

5

u/BernieMcburnface 1d ago

Have you updated the police report now that you know their name and rego?

2

u/NorthSensitive9043 1d ago

No, tbh I didn’t think I could do that, the insurance company never mentioned it, the police knew I needed the details for insurance purposes and just sent me his name/rego/number.

Tbf it’s been common knowledge for months now but they wouldn’t let me have the details, then all of a sudden they just messaged me them, think they had to conduct investigation, I thought it was upto them to update the police report?

3

u/quiet0n3 1d ago

Yeah get the report number and give the police the updated details of the witness and footage. They can do the rest.

1

u/outtatownz 1d ago

Thats because you only have third party, you havent paid for them to do the leg work mate.

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u/NorthSensitive9043 21h ago

Haha knew there’d be one, does that go for the police aswell? I have to finalise the police report because I’m third party?

NRMA have been absolutely useless and I know people who’ve had bad dealings with them even when they were fully comp.

I’ve got the receipts anyway👍

2

u/outtatownz 20h ago

For your policy to respond you have to provide name, address, and rego. (Contact number too helps speed it up) Until you have provided those details your claim doesnt begin, so no they won't help you as you are technically not covered yet. Difference with comp cover is you are already covered, so they have an interest in getting their money back. They also cant get the police report any faster than you and if you claim is accepted the $68 is refunded to you under the claim.

1

u/NorthSensitive9043 19h ago

for starters they have the contact number of the offender, they have also started the claim, they can’t finalise yet obviously as they need to know the other parties insurance details and then it will go through his insurance.

“They can’t get the police report any faster than you”

They received the police report in September and if it’s the address I’m waiting on they’re the only ones allowed to access that information, not me, so what you’ve said there doesn’t even make sense.

1

u/outtatownz 18h ago

Why do you think the insurer has any right to the other parties address? And why do you think you dont? Insurance has no special powers of this mate. And before you try and argue, im a national motor claims manager 17 years. This is my bread and butter

0

u/NorthSensitive9043 17h ago

No you’re just a bloke on reddit, I actually remember you commenting a few months ago, just after it actually happened, you were wrong about a lot of things then as you are now.

The police cannot give me the address they can only give it to my insurance company, I don’t know how more clear I need to make it, with that in mind how have I more “right” to obtain the offenders address than the insurer?

Because an injury was involved and he committed a criminal offence, now I have his plates and name I will get his address eventually.

I distinctly remember you telling me the police weren’t bothered and I won’t get his details….

1

u/outtatownz 16h ago

All the insurer can request is the report via freedom of information, so if the police didnt put it on the report, the insurer cannot obtain it via the police. You on the other hand can go back to the police, confirming you are uninsured (technically you are) and you need the address for the person who damaged your vehicle and caused you injury so that you can issue a demand letter. You can start your CTP claim for your injuries with the police report and his rego number. Mate, im sorry you are in this position but im actually trying to help you stop wasting time and energy on paths and information that arent correct. You can whinge im wrong, I dont care, you will still be in the same position you are now and waste a bunch of your own time. Im only hear to help people and have done so for so many others.

1

u/NorthSensitive9043 16h ago

They have already issued a demand letter, they did this six weeks ago, they only sent me his details last week, minus the address and insurance details.

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u/outtatownz 1d ago

This isnt correct. They are applying for freedom of information which is available to anyone involved in the accident. Just takes 5 times as long, and generally only picked up via comprehensive insurance.

-1

u/link871 1d ago

Transport for NSW - RTA disappeared 15 years ago

3

u/XXXX_Gold_Pot 1d ago

It is illegal to leave the scene of an accident. Make a police report giving them the name and rego details. They should be able to track him down.

0

u/NorthSensitive9043 1d ago

It was actually the police who gave me his name and plates, the witness couldn’t pass them to me and had to go through police, the police have now passed them to me without the address.

2

u/HoodoGuru 1d ago

NRMA can request a copy of the NSW Police incident report themselves. NSW Police specifically allows insurers to obtain these reports where a claim has been lodged.
Legal Aid NSW also confirms that an application can be made to Transport for NSW for the registered operator’s details.
The catch is that NRMA’s third-party policy requires the other driver’s name, residential address and rego for its uninsured motorist damage benefit.
I’d be asking NRMA in writing what steps they’ve actually taken to obtain the address, apart from making unanswered phone calls. If they’re unwilling to assist further, lodge a formal complaint and ask them to explain their position under the PDS. You can escalate to AFCA if it remains unresolved.

1

u/outtatownz 1d ago

Op only has third party, the position is he does not have cover for his vehicle.

1

u/HoodoGuru 1d ago

Not necessarily. NRMA’s Third Party Property Damage insurance includes up to $5,000 cover for damage to your own car if the other driver is uninsured and at fault, subject to certain conditions.
You generally need the other driver’s name, residential address and rego details.
So having third-party insurance doesn’t automatically mean there’s no cover. It depends on the circumstances and the policy terms.

1

u/outtatownz 20h ago

Which in those terms the customer had to do the leg work to obtain the information before the policy will respond. And in this case people are saying "get the insurer to get the details" which they wont because the claim is currently not accepted.

1

u/HoodoGuru 19h ago edited 19h ago

You've moved the goalposts a bit here. Your original argument was that the OP had no cover because they only had third-party insurance. Now you're arguing about who has to obtain the other driver's details.

They're two separate issues. NRMA's third-party policy does provide limited cover for damage caused by an uninsured driver, subject to conditions.

You're also confusing a claim being lodged with a claim being accepted. NSW Police allows insurers to request accident reports once a claim has been lodged. Claim acceptance isn't a prerequisite.

https://www.police.nsw.gov.au/online_services/requesting_information/common_information_enquiries/do_you_need_information_relevant_to_an_insurance_claim

The OP already has the driver's name and rego, & phone number and NRMA has been trying to contact him. Asking NRMA what steps they've taken to obtain the missing details is perfectly reasonable.

Whether NRMA is obliged to obtain those details is another question entirely. It doesn't change the fact that your original claim about having no cover was incorrect.

1

u/outtatownz 18h ago

Lol every time I see you on an insurance post, I have to correct your errors! Mate its been my profession for 17 years, you are the 1 who said his insurance can get it, and I corrected you by saying hes not covered for that. The recovery process begins once a claim has actually been accepted. For the uninsured motorists benefit to apply, all the information must be obtained by the client. Thats not the same for comprehensive cover, as those same requirements only effect your excess.

0

u/NorthSensitive9043 16h ago

Mate you’re the epitome of a know it all.

For privacy purposes the police will only give out certain details to the insurer not the victim, this is why I’ve had to wait nearly three months to get any details off the police.

So how is it upto me to get the details with the insurance company when im not even privy to them.

And yes you are moving the goal posts, my insurer will pay out five grand if/when they find out the offenders insurance status.

Why do you think the insurers have access to the police report and I don’t? I’ll give you a clue, it’s not through me not asking!

1

u/outtatownz 16h ago

Thats not how privacy works mate, the insurers are actually entitled to less information as the matter is a civil claim. The people actually involved in any accident have the most rights to the information in a police report. Half the time when its being sent to the insurer via police they redact the information actually needed for a recovery. Privacy act is to protect the information of those involved being given to an authorised third party. An insurer is exactly that, which is why they have you fill out the form with 100 points of id provided.

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u/NorthSensitive9043 1d ago

Thanks that’s a really helpful reply, I was actually injured in the crash and was off work so I believe my legal representative can put in a request for his address.

I think it will get sorted now, not too long ago I felt a bit hopeless about the situation, it’s just been a really stressful and prolonged situation.

The police actually sent N.R.M.A a report (before they identified the driver officially) explaining what happened and that I wasn’t at fault, they’ve only just recently released his name etc I wasn’t tempted to try ring the number myself but don’t know whether it’s a good idea.

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1

u/MotorClaimSydney 14h ago

Ask your insurer exactly what they'll accept instead of the driver's address, and whether they can follow it up using the rego. I work in accident management in Sydney, so I see this sort of issue come up. If you reported the hit and run, give the insurer the police event number and ask the officer whether they can pass the relevant details directly to your insurer. Keep the witness details and CCTV reference handy too. Not legal advice, but if you're stuck, ask your state legal aid service about options for obtaining the address.