When you have suffered injuries from negligent driving in a motor vehicle accident in Queensland, you can claim compensation from the nominal defendant. The compulsory third-party CTP scheme allows an injured person to make a nominal defendant claim for accidents with uninsured vehicles.
Our comprehensive guide to understanding nominal defendant claims explains how it works. Whether you are a claimant, a law student, a legal professional, or simply interested in understanding the third-party CTP insurance claim process, this guide is for you.
For immediate free legal advice on a 100% no win, no fee basis, Call Splatt Lawyers now on 1800 700 125.
Defining the Nominal Defendant QLD
The Motor Accident Insurance Act of 1994 established the Nominal Defendant as a statutory body in Queensland to offer compensation to people hurt in traffic accidents from driving or when the at-fault driver is uninsured or unidentified, which means they don’t have the required CTP (third-party) insurance.
Furthermore, this statutory organisation becomes the default insurer when any other licenced insurance company is bankrupt.
What is my claim worth?
The Queensland Nominal Defendant Scheme
In Queensland, all road users select a CTP insurance company when registering their motor vehicles. This compulsory insurance provides legal protection for motorists when something goes wrong, and there is a collision—additionally, a levy from the insurance premium funds this statutory body.
Hence, when you have an accident with unidentified or unregistered vehicles, the injured party can’t lodge a personal injury claim as there is no responsible CTP insurer. In this situation, the Motor Accident Insurance Act 1994 allows the statutory body to take on the insurer’s role.
Nominal Defendant Claims: What Are They?
Proving fault is the basis of most compensation claims. But what do you do when the at-fault party is unknown (you don’t have motor vehicle registration details) or the vehicle involved is uninsured? That’s when you can make a nominal defendant claim. When someone suffers personal injury as a result of a car accident due to:
• Interstate-registered vehicles
• Uninsured motor vehicles
• or an unidentified vehicle (e.g. hit and run accident)
In these circumstances, it is typically impossible to identify a liable insurer, in which case it assumes the responsibility of providing adequate medical treatment and fair CTP compensation.
Do I Have a Valid Claim?
How Does the Nominal Defendant Impact Car Accident Claims?
There should be no difference between making a nominal defendant claim or claiming against a CTP insurance company.
This government body receives funding by levying Queensland CTP insurance premiums to award compensation to injured people, just as they could when claiming against one of the four major QLD CTP insurers.
Nominal Defendant Compensation – The Stats
The MAIC annual report shows that in 2021-2022, the QLD Nominal Defendant paid a total compensation of $32.38 million, with approximately 50% of claims in the Brisbane region, 29% in SE QLD and 16% in regional QLD.
Furthermore, their report reveals that about 43% of claims are for uninsured motor vehicles, with the balance being for unidentified drivers.
Nominal Defendant Claims by Type of Motor Vehicle Accident (1st July 2013 to 30th June 2018)
| Accident Type | Number of Claims | Percentage |
| Cyclist | 64 | 9% |
| Driver | 273 | 38.6% |
| Motorcyclist | 151 | 21.3% |
| Other | 13 | 1.8% |
| Passenger-at-fault vehicle | 9 | 1.3% |
| Passenger – other fault vehicle | 103 | 14.5% |
| Pedestrian | 95 | 13.4% |
What is the Role of a Nominal Defendant in a Legal Claim?
The Nominal Defendant’s primary function in a legal claim is procedural, which means they are there to satisfy a legal process—for example, listing all the relevant parties and confirming the applicable Court for the case.
Typically, they have a passive role, as they have no legal liability and, thus, are not involved in the litigation process. Instead, they give the Court power to impose a legally binding resolution or order that affects the rights or interests of the absent party.
Please know that the Nominal Defendant can have legal representation to protect their interests even though they have no liability. Furthermore, despite their lack of interest, their involvement could significantly impact everyone involved.
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Steps to Filing a Nominal Defendant Accident Claim
To successfully file a nominal defendant or CTP claim, you must be well-prepared and adhere to all legal requirements. Here are the steps involved in the process:
Inform the police about your accident
You must remain at the motor vehicle accident scene and call the police when there are injuries.
Lodge within the strict timeframe
Nominal defendant claims have a shorter time limit than other personal injury claims, so make sure you know yours by immediately seeking legal advice from our accident compensation lawyers. In most cases, you must notify them within three months of the accident date or up to 9 months if you have an accepted explanation for the delay.
Compile evidence
Successfully claiming compensation for injuries caused in an accident relies on supporting evidence like police reports, medical assessments, doctors’ reports and witness statements.
Contact a personal injury lawyer
A personal injury lawyer can help you know when and how to use a statutory body for a road accident claim, ensuring you understand your legal rights.
Lodge a personal injury claim form
Once you’ve gathered all the evidence and hired a law firm, your legal team will help you lodge a statutory claim.
Attend court proceedings
Car accident insurance claims rarely proceed to court litigation. Still, if it did, a skilled compensation lawyer knows the litigation process and will advise you on how to get your desired outcome.
Lump sum payout
Once approved, you will receive a once-off lump sum payout as a full and final settlement.
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QLD Personal Injury Lawyer for Nominal Defendant Claims
Given the unique nature of nominal defendant compensation claims, legal advice can be the key to success. A Queensland motor vehicle accident lawyer provides guidance and strategic advice during litigation, giving you peace of mind.
Seeking legal advice from a compensation lawyer helps you confidently navigate a car accident compensation claim. At Splatt Lawyers, it’s free to know your legal rights. Get immediate support now by Calling 1800 700 125
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