Written by Jimmy SisalioUpdated on August 27, 2021
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.
You must take steps to try to identify the vehicle. This includes reporting the accident to the police and seeking witnesses to the accident. You might do this by placing an advertisement in a local newspaper or by interviewing residents who live near the accident scene.
Different time limits apply for a Notice of Claim involving an unidentified vehicle.
Time limits for making a claim after an accident
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:
a. in the case of an unidentified vehicle being at fault – within three (3) months of the date of accident; or
b. for any other vehicles which are identified, within nine (9) months of the date of the accident.
There is provision for extending the 3 month period in (a) to no later than 9 months and the nine-month period in (b) to no later than 3 years if there is a reasonable excuse for a delay submitted at the time the NOAC is lodged. The NOAC is a 20-page document, which is generally best to be completed by a professional during a consultation.