What is a nominal defendant compensation claim?

When you have a car accident that is wholly or partly not your fault and the other driver either:

  1. Left the scene, i.e. hit-and-run-accident
  2. Did not give you their details
  3. Gave you fake information
  4. Their vehicle was unregistered

A government statutory body known as the nominal defendant assumes the place of the unnamed car accident driver to claim injury compensation. This organisation was created by the Motor Accident Insurance Act 1984 and takes the position of the CTP insurer when an unregistered or unidentified vehicle or driver is involved in an at-fault road accident.

How does the nominal defendant work with CTP insurance?

Every year, all legal drivers pay for motor vehicle registration to use their state roads safely. Previously, all vehicles had a compulsory registration label, but this requirement was removed several years ago. Since then, there has been an increase in unregistered road users.

Every day, we assume that all other drivers obey the road rules and have CTP insurance cover for when the unexpected happens. All road users must be registered for Compulsory Third Party Insurance which protects motorists from being liable to pay compensation when they cause a road collision. 

The nominal defendant compensates when the unexpected happens, and the at-fault driver is unknown.

What are the workings of the nominal defendant scheme?

A small percentage of your CTP insurance premium funds the nominal defendant scheme. Compulsory Third Party claim legislation dictates you contribute money to the nominal defendant fund when you pay for your CTP cover. 

Insurance companies manage nominal defendant claims the same as any other personal injury compensation claim when lodged with this statutory body. 

Do I need evidence to support a nominal defendant claim?

As with all compensation matters, you must provide compelling evidence to support your case. You should follow the same steps as you would with any other car accident claim.

What are the time limits for a nominal defendant claim?

The Motor Accident Insurance Act 1994 specifies time limits for road accident claims. These time limitations are strict, and non-compliance can block you from seeking restitution. Nominal defendant claims have a shorter time frame. Your best course of action is to seek immediate accident legal advice. The steps you take following your incident will impact the outcome of your case. A skilled personal injury lawyer will guide you to your desired result. Get fast legal support now by calling 1800 700 125.


Disclaimer – This is general information only and does not constitute legal advice. It is free to receive legal advice on your situation. Please get in touch with our experienced personal injury compensation lawyers for help understanding your legal rights and your free claim review. Call 1800 700 125 or email: claim@splattlawyers.com.au

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