Brisbane and Gold Coast Car Accident Lawyers explain claims when the at-fault vehicle is unidentified in a motor vehicle accident.
If you’re injured in a motor vehicle, car, truck, motorcycle, bicycle or pedestrian accident, but you failed to obtain details of the at-fault vehicle or driver after the car accident, you can still bring a claim to recover compensation for your injuries. In such case, your claim is brought against the Nominal Defendant.
Who or What is the Nominal Defendant?
The Nominal Defendant is a quasi-governmental body, specifically established to step in and act as the Compulsory Third Party (CTP) Insurer where the at fault vehicle is unidentified or unregistered and therefore does not have CTP insurance. But there are 2 very important points you need to be aware of.
You Must Serve Your Notice of Motor Accident Claim Within 9 Months of the Accident
Firstly, where the at-fault vehicle is unidentified, you MUST serve your Notice of Motor Accident Claim, compliant with the requirements of the Motor Accident Insurance Act 1994, on the Nominal Defendant within 3 months of your car accident occurring. If you fail to do this, then you must give a reasonable explanation for the delay to be able to proceed with your claim. And, if you fail to serve your Notice of Claim within 9 months of the accident, then you will lose all rights to claim compensation for your injuries. Your claim will be “statute barred” and you will be unable to pursue it.
No Win No Fee Personal Injury Lawyers Explain Proper Inquiry & Search
Secondly, where the at-fault vehicle is unidentified, to be entitled to bring your claim against the Nominal Defendant, you need to prove, on the balance of probabilities, that you have undertaken proper inquiry and search to identify the at-fault vehicle following the accident. And this includes investigations in the immediate aftermath of the accident, as well as in the period following the accident.
In some cases, it will just not be possible for a person injured in a car accident to take down details of the at-fault vehicle because of injury or the offending vehicle has immediately left the scene, providing no opportunity to obtain its details. But in the case where the opportunity is open to the injured party to get details of the offending vehicle, then if they fail to do so, they can lose their right to claim compensation.
For example, in the case of Murray v Nominal Defendant [2014] QDC 144, Mr Murray & his wife were involved in a minor rear-ender accident in the drive through of their local McDonalds. Neither Mr Murray or his wife took down details of the offending vehicle, despite them having time to berate the driver for their negligence. Mr Murray brought a claim for whiplash injury against the Nominal Defendant. His solicitors tried to locate the offending vehicle by advertising in the local paper & investigating whether any CCTV footage of the event existed, but were unsuccessful. The Court held that Mr Murray did not meet the requirement of proper inquiry & search as both he & his wife had the opportunity to take down details of the at-fault vehicle immediately after the accident but did not do so. Accordingly, his claim was dismissed.
Report the Accident to Police As Soon As Possible
Where the at-fault vehicle leaves the scene of an accident, and you are therefore unable to obtain its details, it is of the utmost importance that you report the accident to police, providing them with as much information about the vehicle as you can recall, as soon as possible. This is important because, the longer your delay in doing this, then the less opportunity for the police to track down and identify the unidentified vehicle. And this will be taken into account by a Court when considering whether a party has undertaken due inquiry and search following a motor vehicle accident.
And, even in the case where the offending vehicle does not leave the accident scene, don’t be complacent about obtaining its details. Don’t think someone else in the accident will take down the number plate or the driver’s details. We have experienced claims where the driver of the vehicle at fault, despite initially stopping after the accident then leaves the scene without providing their details and no one has taken down the registration number. In such case, where there was sufficient opportunity to obtain the negligent driver’s details, a motor accident claim for compensation may be dismissed by a court for failure to undertake proper inquiry and search.
Don’t Be Complacent About Obtaining the At-Fault Driver’s Details If They Stop After the Accident
In the South Australian case of Venetsanos v Nominal Defendant [1991] SASC 2905, a road worker was struck by a car whilst putting out witches hats at roadworks. The driver of the car stopped and chatted to the injured worker for a short period before getting into her vehicle and driving off without giving her details. The injured worker suffered a serious arm injury in the incident and sought damages. The court, had to determine whether the similar provision in South Australia of “due inquiry and search” had been met. The Court found that it was reasonable for the injured workman to believe that the driver was simply intending to park her vehicle off the road and return, in the circumstances of her stopping at the accident scene. Also, the court was satisfied with the injured worker’s attempts to later locate the vehicle.
The usual steps taken to meet the requirement for proper inquiry and search where the at-fault vehicle is unidentified, apart from reporting the accident as soon as possible to police, is to advertise in the local paper for witnesses to the accident and to seek out any CCTV footage in the accident vicinity. It is also a good idea to make inquiries with homes and businesses in the surrounding area of the accident.
Have you been injured in a car accident, motorcycle, truck or other motor vehicle accident, or as a cyclist or pedestrian?
If so, then you need to speak to our motor accident claim expert. Even if you’ve suffered what you consider to be only minor injury, it’s important you realise that minor injuries now, can turn into real problems later on when it may very well be too late to pursue a claim. You should seek legal advice now to ensure you are not placing yourself and your family at risk in the future.
In some cases, motorists, cyclists or pedestrians think that they may have contributed in some way to the traffic accident occurring and are then hesitant to make an injury claim. However, this is not in any way fatal to your claim. You are still entitled to compensation for your injuries for the negligence of the other driver or drivers involved, and if there has been some contribution on your part to the accident, then it will only result in a percentage reduction in your damages award.
And as indicated above, even in the case you did not obtain the details of the at-fault vehicle, you can in such cases bring your claim against the Nominal Defendant. No Win No Fee Personal Injury Lawyers can advise you what steps you need to take to meet your obligations for proper inquiry and search in such case.
No Win No Fee Personal Injury Lawyers are Experts in Motor Vehicle Injury Compensation
No Win No Fee Personal Injury Lawyers have been handling all forms of claims for motor accident victims for more than 30 years. Whether you’ve been injured in an accident involving a motorcycle, scooter, moped, car, truck, semi-trailer or any other type of motor vehicle, including a bicycle accident or as a pedestrian, we will be able to assist you with your claim.
It’s important to remember when seeking legal representation for your case, that there are many legal firms who do not have the expertise or experience in Queensland motor accident claims to properly undertake your case to ensure you receive all of the compensation you are entitled to. With 30 years of experience behind us and a reputation for taking a strong stand with insurers, we will strive to achieve the bests results for your claim possible.
No Win No Fee Lawyers Providing Free Legal Advice 24/7 to All Queensland
We are a No Win No Fee firm which means that we will pursue your claim without any upfront payment whatsoever, and we will only be entitled to payment of our fees if we achieve compensation for your claim. To learn more about our No Win No Fee policy in relation to your motor accident injury claim, please click on the following link: No Win No Fee Lawyers
No Win No Fee Personal Injury Lawyers, undertake home and hospital visits and can visit you outside normal office hours. We are available to provide FREE expert advice to you 24/7 by phone, webform and email enquiries.
If you’ve been involved in a motor vehicle accident and have suffered injury, even minor injury, you should contact us as soon as possible to discuss your case on 1300 388 383 or you can submit one of our FREE Instant Case Appraisal forms on our website. Your consultation will be at no charge to you, totally confidential and obligation free. And remember strict time apply to motor accident claims in Queensland, so it is important that you take steps to pursue your claim as soon as possible.