A common assumption after a hit-and-run is that with no driver there is no claim. Queensland's scheme was built for this case. The Motor Accident Insurance Act creates a statutory body, the Nominal Defendant, which is treated as the CTP insurer of any vehicle that cannot be identified or that was uninsured (which in Queensland means unregistered, since CTP is bundled with registration). The Nominal Defendant is funded by a levy on every CTP premium in the state, and it pays claims in the same way an insurer would.

Key points

  • The Nominal Defendant acts as the CTP insurer for unidentified and unregistered vehicles.
  • For an unidentified vehicle, notice is due within three months and a claim is barred altogether after nine months, with no extension.
  • You must show proper inquiry and search: report to police promptly and record everything you know about the vehicle.

When the Nominal Defendant is the right defendant

  • The vehicle that caused the accident drove off and cannot be identified after proper inquiry.
  • The vehicle was unregistered at the time, and therefore had no CTP policy.
  • The vehicle was registered interstate but uninsured, in some circumstances.
  • In some cases, the insurer that should respond cannot be established.

Passengers in an unregistered vehicle, and pedestrians or cyclists struck by one, are in the same position as anyone else: they claim against the Nominal Defendant.

The deadline that catches people out

For an unidentified vehicle the notice period is not nine months. A Notice of Accident Claim must be given to the Nominal Defendant within three months of the accident. It can still be given later with a reasonable excuse for the delay, but a claim against the Nominal Defendant for an unidentified vehicle is barred absolutely if notice is not given within nine months. There is no extension. Of every deadline in Queensland injury law, this is the one to act on first.

"Proper inquiry and search"

To claim against the Nominal Defendant for an unidentified vehicle, you must show that the vehicle could not be identified after proper inquiry and search. In practice that means reporting the accident to the police promptly and giving them everything you have: the time and place, a description of the vehicle, any part of the registration, the direction it went, witnesses, dashcam. It means asking nearby businesses about CCTV before it is overwritten. And it means keeping a record of what was done, because the Nominal Defendant will ask.

Stolen vehicles

A stolen vehicle is usually still registered, so it still has a CTP insurer, and the claim goes to that insurer rather than the Nominal Defendant. Passengers in a stolen car can generally claim, though a passenger who knew the car was stolen may face a reduction for contributory negligence.

Everything else is the same

Once notice is given, a Nominal Defendant claim follows the ordinary CTP process: liability response within six months, rehabilitation, disclosure, compulsory conference, and court within three years if needed. Compensation is assessed on the same heads of damage.

If this is you

Report to the police today if you have not, write down everything you remember about the vehicle, and get advice this week. The three-month clock is already running.

Frequently asked questions

Can I claim compensation after a hit-and-run in Queensland? Yes, against the Nominal Defendant, provided the vehicle could not be identified after proper inquiry and search and notice is given within three months of the accident.

What if the car that hit me was stolen? A stolen car is usually still registered, so its CTP insurer responds. The claim is made against that insurer rather than the Nominal Defendant.

Is the nine-month Nominal Defendant deadline ever extended? No. For an unidentified vehicle the Act bars the claim absolutely if notice is not given within nine months.

Sources

  • Motor Accident Insurance Act 1994 (Qld), ss 31 (claims against the Nominal Defendant), 33 (Nominal Defendant liable where vehicle cannot be identified), 37(2)–(3) (three-month notice and nine-month bar) — legislation.qld.gov.au
  • Motor Accident Insurance Commission, Can I claim? (unidentified and uninsured vehicles) — maic.qld.gov.au
  • Motor Accident Insurance Commission, Nominal Defendant — maic.qld.gov.au