When you are injured in a motor vehicle accident with an unknown, uninsured, or unregistered vehicle, you could be eligible to claim compensation from the QLD nominal defendant. This statutory body acts as the compulsory third-party CTP insurer, allowing road users injured by negligent driving to seek compensation by making a nominal defendant claim.
Our guide to the nominal defendant office explains the third-party CTP insurance claim process when the at-fault driver in a car accident is unidentified or uninsured. This article will guide you on the following:
- What is the nominal defendant?
- The role it plays in car accident compensation.
- The process of lodging a claim
Eligibility to Make a Nominal Defendant Car Accident Claim
You may be eligible to lodge a nominal defendant car accident claim if you have been injured in a motor vehicle accident that was not your fault and the other driver has:
- Left the scene
- Not provided their contact or registration details
- No insurance
This scenario is most common in hit-and-run accidents.
- You must show you have undertaken a “due enquiry” to locate the at-fault party before lodging a claim against the nominal defendant.
- If you were partially responsible for the collision, you could still be eligible to claim compensation.
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The Car Accident Compensation Lawyers QLD offer a free case review that explains your eligibility and what proof is required for a successful outcome. We fund all our motor vehicle accident legal services on a genuine 100% no-win, no-fee basis. Pay for a win and nothing if you lose. It’s free to know where you stand.
Who or What is the Nominal Defendant?
The QLD Nominal Defendant is a statutory entity established under the Motor Accident Insurance Act 1994. Their role is to ensure that victims of car accidents can access compensation when the at-fault driver is unknown or uninsured. Additionally, they assume the role of the default CTP insurance company if any other insurer goes bankrupt.
The Role of the Nominal Defendant
The nominal defendant replaces the vehicle or at-fault driver that caused a motor vehicle accident when that person or vehicle is uninsured or unknown. They act as a stand-in for a regular defendant when it’s impossible to claim compensation from the negligent party’s CTP insurer. Here are their responsibilities:
- Replaces the liable defendant
- Offers compensation
- Funded by the CTP scheme
- Can seek reimbursement
- Provides fairness for the injured party
The Nominal Defendant can also investigate the accident and try to find the offending vehicle and driver.
Legal Framework of the CTP Scheme
The primary purpose of the Nominal Defendant is to ensure that an injured person can still seek compensation after a motor vehicle accident when the at-fault party is unidentified or uninsured. Fair compensation for injured drivers and passengers is ensured by this legal framework, supporting the integrity of the compulsory third-party (CTP) insurance system.
- In Queensland, the Motor Accidents Insurance Act outlines the conditions under which a nominal defendant claim can be filed.
- Under this Act, the injured party is responsible for finding the at-fault driver, which means they must first conduct a thorough investigation.
- The levy included in the CTP insurance premium of registered QLD motor vehicles funds this statutory office.
- If these efforts are unsuccessful, it is presumed that the vehicle cannot be identified, allowing the victim to proceed with a claim against the Nominal Defendant.
What are Nominal Defendant Claims?
Successful personal injury claims depend on proving that the liable party must pay damages. How can you make a CTP claim if you don’t have a registration number or any additional details of the at fault driver? Alternatively, you might have their information, but they may not have insurance coverage. A Nominal Defendant claim is your safety net in such unfortunate situations.
Typically, determining the responsible third-party CTP insurance company for motor vehicle accidents can be challenging for accidents with:
- Unidentified drivers, such as a hit and run accident
- Interstate-registered vehicles (in these cases the interstate insurance agency acts as the CTP insurer, e.g. TAC and Youi)
- Uninsured vehicles
In the above cases, the Nominal Defendant Office assumes the role of the CTP insurer to ensure the injured person can claim compensation.
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Types of Nominal Defendant Claims
The two primary types of nominal defendant claims include those involving
- Unknown At-Fault Driver (Hit and run accidents)
- Unregistered or uninsured motor vehicles
Unknown At-Fault Driver (Hit and Run Accidents)
When a driver involved in a motor vehicle accident flees the scene without helping the other driver or injured person, it’s known as a hit-and-run accident. In this circumstance the Nominal Defendant assumes the role of the CTP insurer so the impacted party can make a compensation claim for damages.
Uninsured and Unregistered Vehicles
If you are injured by an unregistered or uninsured motor vehicle, you could seek compensation through the Nominal Defendant to cover medical expenses and other related costs.
To have a successful nominal defendant claim, you must show that the at-fault vehicle was unregistered or uninsured. Once approved, accident victims can receive compensation for the negligence of the at-fault driver even though they didn’t have proper insurance or a motor vehicle registration number.
Do I Have a Valid Claim?
How to Lodge a Nominal Defendant Claim
Lodging a nominal defendant claim involves several steps, like a regular compulsory third-party (CTP) claim. However, claimants sometimes face unique challenges, including demonstrating that they have done everything possible to identify the at-fault driver or vehicle involved in the accident.
- Notify the police: You should call the police and remain at the accident scene, particularly if there is there is an injured person.
- Meet the strict time limits for lodging a claim: Compared to other personal injury claims, the time limit for nominal defendant cases is short, just three months in most cases.
- Seek advice from a compensation lawyer: You have the right to seek legal advice from an experienced compensation lawyer who can explain your rights and the legal process.
- Gather evidence: You will need proof that explains how the accident occurred, which helps determine who was at fault. The usual requirements are copies of police reports, witness statements, photos, and videos of the accident scene and vehicle damage.
- Lodge a compensation claim: Submit an accurate personal injury claim form with supporting documents.
- Receive a settlement: Once approved, you receive a lump sum amount as final resolution of your claim.
QLD Nominal Defendant Statistics
The annual MAIC report for 2023-2024 for Queensland shows there were
- 179 claims for unidentified vehicles
- 89 claims for uninsured vehicles
Compensation Claim by Type of Accident
Car Accident Compensation Claim Entitlements
Compensation entitlements through nominal defendant claims can include both economic and non-economic damage including:
- Lost wages and super
- Medical treatment and rehab costs
- Pain and suffering
- Lost quality of life
- Travel and other out-of-pocket expense
- Home care costs
Furthermore, depending on how the accident happened, accident participants or people who witness the accident scene could be eligible to make a nervous shock claim.
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Strict Time Limits to Claim Compensation from the Nominal Defendant
In Queensland, there are strict time limits to lodge a claim against the Nominal Defendant:
- Typically, within three months of the accident date
- Extendable to nine months in exceptional circumstances
Meeting strict time limits is crucial to successfully claiming compensation. Missing a time limit for starting legal action typically results in the loss of compensation rights. Therefore, if you believe you have a valid claim, taking the necessary steps to ensure the timely submission of claims can help avoid complications.
QLD Nominal Defendant Compensation FAQs
What is the role of the Nominal Defendant in car accident compensation?
The Nominal Defendant replaces a CTP insurer, compensating people involved in car accidents on Queensland roads when the responsible drivers are unidentified or uninsured. Essentially, they help injured people receive financial support for personal injuries caused by not-at-fault motor vehicle accidents with unknown drivers or vehicles.
What types of accidents can result in a Nominal Defendant claim?
Nominal Defendant claims commonly arise from hit-and-run accidents and incidents involving uninsured or unregistered vehicles. This statutory office allows the injured party to seek personal injury compensation when the responsible party is unidentified or lacks proper insurance.
What steps should I take initially to file a Nominal Defendant claim?
Nominal Defendant claims commonly arise from hit-and-run accidents and incidents involving uninsured or unregistered vehicles. This statutory office allows the injured party to seek personal injury compensation when the responsible party is unidentified or lacks proper insurance.
What is my right to legal representation for Nominal Defendant claims?
You have the right to seek legal representation for matters involving the Nominal Defendant in Queensland. An experienced compensation lawyer can explain the applicable personal injury laws and how they apply to your individual circumstances.
