Many people assume that if a driver who caused a motor vehicle accident was uninsured, their chances of recovering compensation disappear.
Fortunately, Queensland’s Compulsory Third Party (CTP) scheme includes an important safeguard known as the Nominal Defendant, which may allow injured people to pursue compensation even when there is no CTP insurer available to respond to the claim.
What Is the Nominal Defendant?
The Nominal Defendant is a statutory body established under Queensland’s Motor Accident Insurance Act 1994. The purpose of the Nominal Defendant is to provide compensation to people injured due to the negligent driving of an uninsured, unregistered or unidentified motor vehicle when there is no CTP insurer that can be held responsible. In simple terms, the Nominal Defendant acts as a “safety net” within Queensland’s CTP system. Without it, injured road users could be left without a pathway to compensation simply because the at-fault vehicle did not have valid CTP insurance.
The purpose of the scheme is to ensure that injured people are not disadvantaged simply because the at-fault vehicle was uninsured.
When can you Make a Claim?
You may be eligible to make a claim against the Nominal Defendant if:
- You were injured in a motor vehicle accident in Queensland;
- Another driver was wholly or partly at fault for the accident; and
- The at-fault vehicle was uninsured, unregistered, or cannot be identified.
Why Time is Critical
One of the most critical aspects of a Nominal Defendant claim is the strict time limits. These differ from the usual time limits that apply to a CTP claim.
Where the claim involves an uninsured or unidentified vehicle, a Notice of Accident Claim Form generally needs to be lodged within three months of the accident. In some circumstances, a late claim may still be accepted if there is a reasonable excuse for the delay, but there are strict statutory deadlines that apply.
The applicable time limits are significantly different from those applying to claims against insurers such as QBE, Suncorp and Allianz and the like. In the case of a claim against an insurer, the limitation period is generally three years from the date of the accident. However, a claim against the Nominal Defendant must be commenced within nine months from the date of the accident otherwise you are statute barred from bringing a claim.
Because these time limits can significantly impact your rights, it is important to seek advice and take action as soon as possible after the accident.
What Steps to Take After an Accident
If you suspect the at-fault vehicle was uninsured or unregistered, it is important to:
• Report the accident to police;
• Gather as much information as possible about the vehicle and driver;
• Obtain medical treatment and keep records of your injuries; and
• Seek legal advice. There are some critical steps and investigations that need to take place to ensure your rights are protected.
Early investigations can help establish liability, preserve evidence and ensure all procedural requirements are met within the required timeframes.
Proper Inquiry and Search
A claim against the Nominal Defendant also requires the claimant to demonstrate that they have made proper inquiry and search to identify the vehicle and driver responsible for the accident. This involves taking all reasonable steps to investigate the circumstances of the incident, including making enquiries with police, witnesses, nearby businesses, and any other potential sources of information that may assist in identifying the at-fault vehicle or driver.
The requirement is not satisfied by making only limited or cursory enquiries; so, the injured person must be able to show that genuine and reasonable efforts were undertaken.
If the Nominal Defendant is not satisfied that proper inquiry and search has been conducted, the claim may be denied on that basis.
One of the most common misconceptions we encounter is the belief that an uninsured driver means an injured person has no options. In reality, Queensland’s CTP scheme was designed to prevent innocent road users from being left without support simply because the at-fault driver failed to comply with registration and insurance requirements. However, because strict procedural requirements and unusually short deadlines apply, taking action early can make all the difference in preserving your legal rights.
