Imagine this: You're riding your motorcycle. Another vehicle crashes into you - completely their fault. You fly off your bike, and suffer a nasty injury. By the time you come to, the other vehicle has driven off.
You might be thinking you have no options when it comes to claiming compensation for your injuries. After all, how can you bring a claim against someone if you don't know who they are?
Fortunately, you have more options than you might think.
WHAT KIND OF CLAIM CAN YOU BRING?
In Queensland, if you suffer injuries as a result of a motor vehicle accident that wasn't your fault, you may have an entitlement to bring a compensation claim (often called a "CTP claim").
To learn more about CTP claims, check out: What is a CTP claim?
A CTP claim is usually brought against the compulsory third party (CTP) insurer of the at-fault vehicle.
Now, if you can't identify the at-fault vehicle, then you won't be able to identify the CTP insurer of the at-fault vehicle. So, who can you claim against?
INTRODUCING: THE NOMINAL DEFENDANT
Where the at-fault vehicle is unidentified, you can bring a claim against the Nominal Defendant.
The Nominal Defendant is a statutory body that can essentially act as a CTP insurer where the real CTP insurer cannot be identified. Think of the Nominal Defendant like a stand-in CTP insurer.
Now, to claim against the Nominal Defendant, there are a couple of extra hoops you have to jump through. They're pretty simple, but read on to make sure you don't miss anything.
SEARCHING FOR THE AT-FAULT VEHICLE
To claim against the Nominal Defendant, you have to prove that you have tried to identify the at-fault vehicle. This is referred to as "proper inquiry and search".
Proper inquiry and search might involve:
- Taking photographs of any clues from the accident scene (like paint from the at-fault vehicle, debris left behind, etc.)
- Asking nearby residents or businesses for any CCTV surveillance footage
- Asking council/State government for any traffic surveillance footage (even footage from down the road that might show the at-fault vehicle driving by)
- Putting up flyers around the area asking witnesses to come forward
- Putting an advertisement in a newspaper or community noticeboard asking witnesses to come forward
- Co-operating with police to see what they can find
For further tips about what kind of evidence you should search for, check out our Evidence Checklist.
These steps should be taken as early as possible to maximise your chances of identifying the vehicle. If you don't actively search for the at-fault vehicle, the Nominal Defendant may say that you have not carried out proper inquiry and search.
If you manage to find the at-fault vehicle, then you can bring a claim against the CTP insurer of that vehicle.
If you still can't find the at-fault vehicle, then you can show the Nominal Defendant that you carried out proper inquiry and search.
TIME LIMITS
There are special time limits that apply to claims against the Nominal Defendant.
Under the Motor Accident Insurance Act 1994 (Qld), you must give notice of your claim (in a Notice of Accident Claim Form) to the Nominal Defendant within 3 months after the accident.
If you don't give notice within 3 months, then you can still give notice up to 9 months after the accident, but you must provide a reasonable excuse for the delay.
If you don't give notice to the Nominal Defendant within 9 months after the accident date, then you will be barred (prevented) from bringing your claim against the Nominal Defendant.
In other words:
- You should give your Notice of Accident Claim form to the insurer within 3 months of the accident
- If you give your Notice of Accident Claim form to the Nominal Defendant after 3 months of the accident, but within 9 months of the accident, you must provide a reasonable excuse for the delay
- If you fail to give your Notice of Accident Claim form to the Nominal Defendant within 9 months of the accident, you will be prevented from bringing a claim against the Nominal Defendant.
NEED HELP?
If you're wondering whether you might have an entitlement, or you're not sure where to start, feel free to contact us.
We offer free consultations (that's right, they're free - no obligation, no catch), and one of our solicitors would be happy to take a look at your situation and tell you what your options are.