If you are injured in a motor vehicle accident, the identity of the other driver and the registration number of the at-fault vehicle is usually immediately available. However, accident insurance claims can be considerably more difficult when the vehicle is unregistered or unidentifiable. In rare circumstances, you may be injured in a motor vehicle incident where the at-fault vehicle is unregistered or unidentified. If this occurs, you must bring your claim against the Nominal Defendant and your claim will be under the Motor Accident Insurance Act.
The Nominal Defendant is a Queensland government organisation. A vehicle may be unregistered because the owner forgot to renew the registration or the vehicle has not been registered for many years. If this is the case the limitation period is still three years from the date of the incident.
An unidentified vehicle may be involved if the incident is a hit and run, such as being struck as a pedestrian and the vehicle does not stop. If this occurs, you must act very quickly and seek urgent legal advice because you must serve a Section 37 Notice on the Nominal Defendant and have it complied within nine months of the incident. If you do not have the Nominal Defendant comply your Section 37 Notice within nine months all of your rights to claim are lost.
If the vehicle is unidentified and there are no witnesses, the Nominal Defendant will examine the circumstances of the claim very closely to ascertain whether a vehicle was involved. For example, if you claim an unidentified vehicle ran you off the road and caused your injuries, the Nominal Defendant will investigate the incident fully and obtain relevant documents such as ambulance and hospital records. If the records make no mention of any vehicle, this will increase the difficulty of your claim. Accident insurance claims can be extremely difficult, and hence, it is important to enlist expert support.
Your Claim Lawyers has conducted many claims against the Nominal Defendant over many years and will ensure that all of your interests are fully protected and your claim proceeds smoothly and quickly.
For a free consultation please call Your Claim Lawyers on 1800 968 725 or 0400 839 314 at any time.