You are entitled to make a claim even if you are unable to identify the vehicle that caused the accident or it was unregistered. The claim is made against a government body called the Nominal Defendant, who acts as CTP insurer.
What Is the Nominal Defendant?
The Nominal Defendant is a government body that steps in as the CTP insurer when the at-fault vehicle cannot be identified or was unregistered at the time of the accident. This ensures that injured parties still have a pathway to compensation even when the responsible driver cannot be located or their vehicle was not properly insured.
Your Obligation to Identify the Vehicle
You must take reasonable steps to try to identify the vehicle before proceeding with a claim against the Nominal Defendant. This includes:
- Reporting the Accident to Police: File an official police report as soon as possible after the incident.
- Seeking Witnesses: Interview anyone who may have seen the accident or the vehicle involved.
- Placing Advertisements: Consider placing an advertisement in a local newspaper requesting information about the accident.
- Interviewing Local Residents: Speak with residents who live near the accident scene who may have witnessed the incident or have relevant information.
Important
Demonstrating that you have taken genuine steps to identify the vehicle is a prerequisite for a successful claim against the Nominal Defendant. Keep records of all your efforts, including police reports, witness statements, and copies of any advertisements placed.
Time Limits for Making a Claim After an Accident
Unidentified vehicle3 monthsIdentified vehicle9 months
Different time limits apply for a Notice of Claim involving an unidentified vehicle compared to claims against identified vehicles.
Critical Deadlines
A Notice of Accident Claim (NOAC) must be sent to the insurer of the at-fault party within one (1) month of the date of first consultation with your lawyer (which probably includes the date of your first telephone discussion) and no later than:
Unidentified Vehicle: Within three (3) months of the date of accident.
Identified Vehicle: Within nine (9) months of the date of the accident.
Extensions to Time Limits
There is provision for extending the time limits if you have a reasonable excuse for the delay:
- Unidentified Vehicle Claims: The 3-month period can be extended to no later than 9 months if a reasonable excuse is submitted at the time the NOAC is lodged.
- Identified Vehicle Claims: The 9-month period can be extended to no later than 3 years if a reasonable excuse for the delay is submitted when the NOAC is lodged.
| Vehicle Status | Standard Deadline | Maximum Extension |
|---|---|---|
| Unidentified Vehicle | 3 months from accident | 9 months (with reasonable excuse) |
| Identified Vehicle | 9 months from accident | 3 years (with reasonable excuse) |
The Notice of Accident Claim (NOAC)
The NOAC is a 20-page document that is generally best completed by a professional during a consultation. It requires detailed information about the accident, your injuries, your attempts to identify the vehicle, and other relevant circumstances. Given the complexity and importance of this document, it is strongly recommended that you seek legal assistance to ensure it is completed accurately and submitted within the required timeframes.
Frequently Asked Questions
What happens if I cannot find any witnesses or identify the vehicle?
You can still proceed with a claim against the Nominal Defendant as long as you can demonstrate that you took reasonable steps to try to identify the vehicle. Document all your efforts, including police reports and any searches you conducted.
Does the Nominal Defendant cover the same damages as a regular CTP claim?
Yes. Claims against the Nominal Defendant can cover the same types of compensation as standard CTP claims, including medical expenses, loss of income, pain and suffering, and other damages, provided you can prove the elements of your claim.
What if the vehicle was registered but the driver fled the scene?
If the vehicle was registered but you cannot identify the driver, you would typically claim against the CTP insurer of the registered vehicle owner, not the Nominal Defendant. The Nominal Defendant is specifically for unidentified or unregistered vehicles.
Can I extend the time limit if I was too injured to lodge the claim earlier?
Yes. Serious injury or incapacity can constitute a reasonable excuse for extending the time limit. You must provide evidence of your circumstances when lodging the NOAC and explain why the delay was unavoidable.
If you have been injured in an accident involving an unidentified or unregistered vehicle, it is crucial to act quickly to preserve your rights. Contact an experienced motor accident lawyer as soon as possible to ensure your claim is lodged within the required timeframes and that all necessary steps are taken to support your case.