Nominal Defendant Claims

Nominal Defendant Claims - what to do if you are injured as a result of the negligent driving of an unidentified and/or unregistered vehicle.

If you are involved in an accident, you should always remain at the scene and exchange details with the other parties involved as well as assist the police with their investigation. At best, this is a courteous act
and at worst, it is a criminal offence to leave the scene of an accident.

Remaining at the scene to assist also allows any person injured due to another driver’s negligence to be able to commence a claim for compensation against the CTP insurer of the driver at-fault.  Unfortunately, some accidents involve unregistered vehicles, which do not have CTP insurance.

Alternatively, drivers at-fault for accidents do not always remain at the scene and the injured pedestrians, passengers or drivers are left trying to find out who is responsible for the accident and if they are able to make a claim.

The Nominal Defendant

Fortunately, in Queensland, we have a back-up scheme for people who are injured by negligent drivers of unidentified or unregistered vehicles.

The Nominal Defendant is a statutory body established under the Motor Accident Insurance Act 1994 (MAI Act) for the purpose of compensating people who are injured as a result of the negligent driving of
unidentified and/or uninsured vehicles.

The Nominal Defendant Fund was first introduced in 1961 and has been funded by a levy within your CTP insurance premiums.

Are these claims different? 

In short, once a claim is accepted by the Nominal Defendant, there should be no difference between that claim and a claim against a CTP insurer.

In these circumstances, it is typically impossible to identify a liable insurer, in which case it assumes the responsibility of providing adequate medical treatment and fair CTP compensation.

However, there are significant differences in having the Nominal Defendant accept the claim.

Proper Search and Inquiry 

The Nominal Defendant has significantly more restrictive conditions than commencing a claim against a CTP insurer.

Before you can commence a claim with the Nominal Defendant, you must be able to show them that you have taken all reasonable steps to find the vehicle at-fault for your accident and injuries.

This is called “Proper Search and Inquiry” and may include but is not limited to:

1. Assisting the police with their investigation;
2. Trying to record the registration details after the accident;
3. Making inquiries with witnesses, or the general public for information on the vehicle;
4. Returning to the area to try to locate and identify the vehicle, etc.

Where the Nominal Defendant is satisfied that all reasonable steps have been taken to identify the vehicle, without success, they may accept your claim.

If the Nominal Defendant determines that further steps could have been taken to locate and identify the vehicle, they may reject your claim.

Lodging a claim with the Nominal Defendant 

With any claim for personal injuries arising from a car accident, including claims with the Nominal Defendant, it is recommended that you: 

• Inform the police about your accident as soon as possible:
  

This will allow police to investigate your accident, take up with witnesses, obtain any CCTV or dash camera footage, etc. to try and identify the vehicle at-fault.

• Seek medical treatment:

If you have suffered injuries, you should seek medical treatment as soon as possible.

• Seek legal advice:
  

All personal injuries claims may be very complex and legal representation can help with taking the necessary steps within the strict timeframes.

• Lodge your claim within the strict timeframes:

Nominal Defendant claims have a shorter time limit than other personal injury claims, so make sure you know yours by immediately seeking legal advice from our accident compensation lawyers.

In most cases, you must notify them within three months of the accident date or up to 9 months, if you have reasonable explanation for the delay which is accepted by the Nominal Defendant.

• Gather your evidence:
  

Successfully claiming compensation for injuries caused in an accident relies on supporting evidence like police reports, medical assessments, doctors’ reports and witness statements.

The CTP insurer/Nominal Defendant will not take your word alone as evidence. Your legal representatives can assist with gathering the necessary evidence.

How we can help 

The Compensation Team at Wallace & Wallace Lawyers are experienced in all aspects of personal injuries claims. If you are dissatisfied with your current representation, our experts can also offer a second opinion.

If you, or someone you know has been injured at work, or you want a second opinion, call us now on (07) 4963 2000 or contact us via our online contact form for practical legal advice on how you should proceed.