21 April 2017

Sometimes people are injured by a vehicle that was uninsured or unidentified (eg hit and run), meaning the injured person wouldn’t usually be able to make a claim against a CTP insurer.

What can I do if the other party is not insured or leaves the scene of a motor vehicle accident?

All CTP insurers in NSW are required to be part of the Nominal Defendant fund. Where a vehicle is uninsured, or unidentified the injured person can make a claim through the Nominal Defendant, meaning they don’t go without proper compensation.

How many people make claims against the Nominal Defendant?

According to the latest statistics from the State Insurance Regulatory Authority, Nominal Defendant claims represent approximately 4.2 per cent of all motor accident claims or approximately 700 claims every year.

What steps should I take to make the claim?

If you do not know the registration number of the vehicle that caused the accident (for example, in a hit-and-run accident), or if the vehicle was uninsured, you can make your claim against the Nominal Defendant. The Nominal Defendant will allocate your claim to a CTP insurer to manage on its behalf.

If the vehicle that caused the accident is unidentified, you must try to find out the registration number of the vehicle. This is called due inquiry and search. Some ways of conducting due inquiry and search include talking to police, talking to witnesses, putting ads in newspapers asking witnesses to contact you, letterbox drops or placing notices in public areas. For peace of mind, we undertake all of these requirements for our clients.

What am I entitled to if my claim is accepted?

Once your claim is accepted by the Nominal Defendant, the insurer pays compensation entitlements as though you made a normal claim against the CTP insurer. Your rights and entitlements are not affected just because the driver at fault was uninsured or left the scene of the motor accident.


The above article is of a general nature only and does not constitute legal advice.  Law Advice Compensation Lawyers are experts in nominal defendant claims. For a free, no obligation assessment of your motor accident claim call us on 1800 122 555 or complete our Free Claim Advice Form and get the compensation you deserve.

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