Map4Hit-and-run
Hit-and-run, unidentified and uninsured vehicles
If the vehicle that hurt you drove off, cannot be identified or had no insurance, you may still be able to claim: in Queensland, New South Wales and the ACT a body called the Nominal Defendant stands in for the missing insurer, and South Australia takes these claims through its CTP Regulator. In Queensland and the ACT you will be expected to have made a genuine effort to identify the vehicle first, so the police report and your own search come before the claim form.
General information, not legal advice. Each scheme sets its own rules and they change. Check the scheme for the state or territory where the crash happened: MAIC (Qld), SIRA (NSW), TAC (Vic), CTP Insurance Regulator (SA), Insurance Commission of WA, MAIB (Tas), ACT MAI Commission and NT MACC.
A1What the Nominal Defendant is
In a fault-based scheme the claim goes to the insurer of the vehicle that caused the crash. When that vehicle is unknown or uninsured, there is no insurer to send it to, so the law creates one.
Queensland’s description is the clearest. The Nominal Defendant there is an independent statutory body set up under the Motor Accident Insurance Act 1994 (Qld). It acts as a licensed insurer in the CTP scheme for injury claims involving unidentified or uninsured (unregistered) vehicles, and it also meets claims when a licensed insurer becomes insolvent. It is funded by a levy paid with CTP premiums, and the Nominal Defendant Fund dates from 1961.
B2The route, in order
- Treatment first. Western Australia’s Insurance Commission recommends getting treatment for a crash injury immediately; you do not need to wait until you report the crash or seek financial support.
- Report it to police. The TAC accepts a claim only once the accident has been reported to the police. In Tasmania, if police did not attend, the MAIB asks that the accident be reported in person at a police station; in the ACT, report it online or at a station within 24 hours. In New South Wales you need a police event number to lodge a CTP claim.
- Look for the vehicle. Queensland asks for a genuine attempt to identify the vehicle before you contact the Nominal Defendant. The ACT’s Nominal Defendant accepts an unidentified-vehicle application once you have taken reasonable steps to inquire and search. For NSW crashes before 1 December 2017, SIRA’s guide called it “due enquiry and search”: asking the police, talking to witnesses, or advertising for witnesses, and it is the claimant’s responsibility.
- Send the claim to the right place. The table below sets out where, and for some states by when.
C3Where the claim goes, state by state
| Where | Receives the claim | What the page says |
|---|---|---|
| QLD | Nominal Defendant | Lodge against the Nominal Defendant if you cannot identify the vehicle or it was not registered or insured. Where the at-fault vehicle cannot be identified, the Notice of Accident Claim Form must be lodged within three months of the accident. In all other situations, including a known vehicle that was not registered or insured, it is due by the earlier of nine months from the accident (or from when symptoms first appeared, if the injury was not obvious at once) and one month from your first meeting with a lawyer you have engaged for the claim. Children under 18 have different time limits. A late form can explain the delay in its “Additional information/excuse for delay” section, and the insurer decides, at its discretion, whether to accept the claim. |
| NSW | Nominal Defendant | SIRA’s guide for people injured before 1 December 2017 says a person injured on a road or road-related area in NSW through the fault of an unidentified vehicle (for example a hit-and-run) or an unregistered vehicle may be eligible to claim against the Nominal Defendant. For later crashes, ask CTP Assist. |
| VIC | TAC | Fault is not considered in deciding eligibility; the accident must have been reported to police. |
| SA | CTP Regulator | You can lodge a claim if you do not know the at-fault vehicle’s details or it was unregistered on the day; send the form to the CTP Regulator, or choose “Unknown or unregistered vehicle” online. Lodge as soon as you can: after six months you will need to explain the delay to the insurer, and after three years a claim will generally not be accepted unless very limited legal exceptions apply. |
| WA | Insurance Commission | If the vehicle at fault is unidentified or unlicensed, you may still be able to claim. Crashes are reported at crashreport.com.au. |
| TAS | MAIB | Treatment and support are paid for eligible people regardless of fault. The MAIB asks for an Application for Benefits within 12 months of the date of the accident; the pages read here do not say how a later application is treated, or single out hit-and-run, so ask the MAIB on 1800 006 224. |
| ACT | Nominal Defendant | Applications for unregistered, uninsured or unidentified vehicles, or vehicles on an unregistered vehicle permit, may go to the Nominal Defendant: nominaldefendant@act.gov.au, (02) 6207 0184, 9am to 5pm weekdays. For a crash on or after 1 February 2020, the ACT’s steps for an injured person say to send the application within 13 weeks of the accident. A late application needs a separate, clear explanation of why it could not be made in time, and you may not receive all defined benefits back to the date of the accident. |
| NT | MAC Scheme (claims managed by TIO) | A no-fault scheme covering all road users; claims are administered by TIO. |
SIRA’s guide that describes the NSW Nominal Defendant says, in its own words, “This information is for people injured in a motor vehicle accident in NSW before 1 December, 2017”. For a crash since then, SIRA’s CTP Assist on 1300 656 919 can say how an unidentified-vehicle claim works.
D4Uninsured and unregistered vehicles
An unregistered vehicle is often an uninsured one, and the schemes treat it much like an unknown one, with some limits.
- Queensland: the Nominal Defendant route applies to vehicles that were required to be registered but were not. If the at-fault vehicle is not eligible for registration at all, such as an e-bike or scooter, a CTP claim is unlikely to be accepted.
- Tasmania: where an owner has not paid a premium on an eligible vehicle, the MAIB may still be liable to pay people injured, including operators, passengers and pedestrians, and can recover the cost from the owner.
- Northern Territory: the driver, rider or owner of a vehicle unregistered for more than three months is excluded in a single-vehicle accident; passengers and others involved may be covered.
- Victoria: the TAC cannot pay for a transport accident involving an unregistered vehicle, or to the owner of an uninsured vehicle, on private land.
E5What to write down
With a vehicle gone, the claim leans on what you and others saw. SIRA suggests recording these details straight after a crash, if you are able, and Western Australia asks for photos and dash cam footage where you have them:
- the time, date and exact location, including the nearest cross streets
- the make, model and number plate of any vehicles involved, as far as you saw them
- contact details of witnesses
- whether police or ambulance attended
- photographs of the scene, and any dash cam footage.
F6Help with the forms
Several schemes have someone to ask. The ACT has a free Defined Benefits Information Service; New South Wales has CTP Assist on 1300 656 919; South Australia’s CTP Regulator gives general information, and you do not need a lawyer to lodge a claim there.
A lawyer can tell you whether your own search is likely to satisfy the scheme. SIRA’s guide for NSW crashes before 1 December 2017 noted that disputes about due enquiry and search could be resolved.