Unidentified & Uninsured Vehicle Accidents
When you are involved in a motor vehicle accident, you can make a claim against the at-fault driver’s third-party insurance company. But what if the at-fault driver flees the scene (hit and run) or they don’t have insurance? Fortunately, it’s still possible to claim compensation for your injuries.
How do I make a claim for unidentified or uninsured vehicle accidents?
You can be compensated through the Nominal Defendant government insurance scheme. This is the body that steps in when there is no CTP insurer to claim against. Every state and territory in Australia has a Nominal Defendant body (with the same or similar name) which takes care of unidentified or uninsured motor vehicle accident claims. In Queensland, this Nominal Defendant scheme is under the Motor Accident Insurance Commission (MAIC).
You will need to prove that you have made reasonable efforts to identify the vehicle at fault. The best way to do this is by reporting the incident to Police as soon as possible following the accident. You should make a note of any details of the other car that you can remember such as colour, make or model.
Are there any time limits to giving notice of these claims?
Yes. The time limit for an accident where the vehicle at-fault is uninsured or unidentified is very strict. In Queensland, you must send a claim form to the Nominal Defendant within three months of the date of the unidentified or uninsured vehicle accident. If there is a reasonable excuse for delay, this time may be extended however it must be within nine months of the date of the accident or you lose all rights to claim compensation for your injuries.
At GC Law, for any car accident compensation we advise you speak to a car accident lawyer as soon as possible to make a claim. Once you have had your first consultation with the lawyer, the claim must be given to the Nominal Defendant within one month.
What happens after notice of claim is given?
The Nominal Defendant will investigate the accident. This may be done through CCTV footage of vehicles in the area or interviewing local residents and business workers and owners. If the at-fault vehicle can’t be identified, the Nominal Defendant is required to meet any injury compensation or damages to be paid to the injured person making the claim.
Need to make a motor vehicle compensation claim now?
If you have been involved in a motor vehicle accident with an uninsured or unregistered vehicle, this can be a difficult journey to do on your own. Let GC Law help you and make sure you are receiving the compensation you’re entitled to. Call us directly on 1300 302 318 to discuss your free case review.