Someone Hit My Car and Drove Off NZ: Legal Advice and Insurance Tips

Introduction

If someone hits your car and drives away in New Zealand, deal with immediate danger first, preserve what you can, then report the incident through the right Police pathway and notify your insurer. Do not chase or confront the other vehicle. A registration plate can help, but it does not by itself prove fault, identify the driver, or guarantee an insurance outcome.

This is general information current as at 17 August 2026, not personalised legal or insurance advice. Cover, excesses and claims procedures depend on your policy wording and the evidence available.

At a glance: the first decisions

Safety and evidence: what to do at the scene

1. Put safety first. Check yourself and passengers. If it is safe, move out of immediate danger. Do not follow the departing driver.
2. Call 111 when required. If people were injured or Police attendance is required while you are still at the crash site, call 111.
3. Record the essentials. Note the time, exact location, direction of travel, weather and a factual description of what happened. Record the other vehicle’s registration, make, model, colour and any distinctive features only if you can do so safely.
4. Photograph before non-urgent repairs. Take wide photos of the location and close photos of damage, debris and relevant road markings. Keep original dashcam footage rather than editing it.
5. Ask witnesses for contact details. A witness may be able to provide an independent account. Do not pressure them to draw conclusions about fault.
6. Preserve possible footage. If nearby cameras may have recorded the event, make a prompt, polite request that relevant footage be retained. Whether footage exists or is provided will depend on the owner and circumstances.

Police reporting and time limits

For a non-injury crash, NZ Police provides a traffic-crash reporting process. You can use 105 or the online reporting service for non-emergency reporting, and Police says photos and documents can be added to an existing report. Keep the report reference and give it to your insurer if requested.

Injury crashes have a different pathway: Police says they should be reported by visiting local Police as soon as practicable and no later than 24 hours after the crash. That does not replace calling 111 at the scene where people are injured or Police attendance is required.

The time limits also matter to the person who caused property damage. For a no-injury crash, motorists should exchange names and addresses. If another person’s property was damaged, the driver should report to the owner within 48 hours; if the owner cannot be found, the driver should report to Police within 60 hours of the crash.

What the law requires of a driver who is involved

Section 22 of the Land Transport Act 1998 applies to an accident involving a person or vehicle. It requires a driver or rider to stop, ascertain whether anyone has been injured, provide all practicable assistance to an injured person, and provide specified identifying particulars when required by an enforcement officer or another person involved.

In everyday language, a driver leaving after striking a parked car may be described as a hit-and-run. Legally, however, the consequences depend on the facts and the provisions engaged. It is not accurate to assume every departure after contact is the same offence or carries one standard penalty.

For no-injury failure to stop and ascertain whether anyone is injured, section 35 states a maximum of three months’ imprisonment or a $4,500 fine. On conviction, disqualification for at least six months is generally required, subject to statutory qualifications. Serious cases can involve different provisions and consequences. The Act also gives enforcement officers a power to seize and impound a vehicle for up to seven days in specified serious-accident, hit-and-run or failure-to-stop circumstances; this is not automatic.

Insurance after a driver leaves

Start by reading the policy schedule and current wording, then notify the insurer without unnecessary delay. In our editorial review, the key distinction is between cover for your vehicle and cover for damage you cause to others.

• Comprehensive insurance: Consumer Protection NZ says this can cover accidents caused by you or someone else, and damage to your own vehicle, subject to the policy.
• Third-party insurance: This principally covers damage that the insured causes to another person’s vehicle or property. It should not be treated as automatic cover for repairs to your own car after an unknown driver leaves.
• Excess: If an insurer accepts a claim, an excess will generally apply, subject to the policy and any waiver or refund. Consumer Protection notes that an insurer may waive or refund an excess in some not-at-fault cases where the claimant can prove they were not at fault and has the other driver’s name, address and telephone number. A plate alone may not meet that requirement.

Identification of another vehicle does not automatically establish liability, secure recovery, or make a third-party policy pay. Ask your insurer to confirm the applicable cover, evidence needed, excess, assessment process and whether you should wait before authorising non-urgent repairs. Immediate work to make a vehicle safe or prevent further loss may need separate discussion under your policy.

When we compare car insurance information, our team recommends checking the policy wording for the insured vehicle, the type of cover, the stated excess, exclusions and the insurer’s claims instructions rather than relying on a general label alone.

Injury and ACC versus vehicle damage

ACC’s Motor Vehicle Account covers personal injuries arising from accidents involving moving motor vehicles on public roads. It does not make motor-vehicle insurance pay for repairs to a car or other property damage. If you have substantial uninsured property loss, disputed liability or a complex proposed legal step, obtain independent legal advice based on your circumstances. Do not assume that medical expenses can be pursued as an ordinary vehicle-damage claim.

Dashcam footage and privacy

Dashcam footage can be useful evidence for an accident report or insurance dispute. The Privacy Commissioner says personal dashcam use is generally outside the Privacy Act unless collection or use is highly offensive; business or other non-personal use must comply with the Act. Preserve relevant footage and provide it to Police or an insurer when appropriate. Avoid casually uploading identifiable footage or naming a suspected driver publicly.

If the insurer declines or disputes the claim

Ask for the decision and reasons in writing, compare them with your policy wording, and provide any missing evidence you have. Consumer Protection NZ advises first using the insurer’s complaints team. If the issue remains unresolved, ask which dispute-resolution service the insurer belongs to and follow that service’s process. Claim timing can vary with the assessment, evidence, repair availability, liability issues and the insurer’s process, so ask for the next steps and expected timeframe for your particular claim.

Practical Takeaway

• Protect people and call 111 if there is injury or Police attendance is needed at the scene.
• Do not chase the other driver; record details safely and preserve photos, witnesses and footage.
• Use 105 or online reporting for a non-emergency, non-injury report, and retain the reference number.
• Notify your insurer and ask what your own policy covers, what excess applies and whether repairs should wait for assessment.
• Treat registration details as useful evidence, not a promise that the driver will be identified or that an excess will be recovered.
• Seek independent legal advice where losses are significant, uninsured or disputed.

References

• New Zealand Legislation — Land Transport Act 1998, section 22: Driver’s duties where accident occurs
• New Zealand Police — Traffic crash report
• New Zealand Police — How to report a crime or incident
• New Zealand Legislation — Land Transport Act 1998, section 35
• New Zealand Legislation — Land Transport Act 1998, section 123: seizure and impoundment power
• Consumer Protection NZ — Car insurance
• Accident Compensation Corporation — ACC Motor Vehicle Account 2025/28 Pricing Report
• Office of the Privacy Commissioner — Are there privacy issues around using dash cams?

Author / Editorial Team

This article was produced by Insurspy’s internal editorial and research team. In our editorial review, we prioritise authoritative New Zealand legislation, government consumer guidance, Police reporting guidance and regulator material. We review content for practical accuracy and usefulness, but policy wording and individual circumstances can differ; readers should confirm the current position with their insurer or an appropriately qualified adviser where needed.