By Michael Singh · 6 Min ReadBeing injured by a driver who fled the scene — or who was never identified — feels like a dead end. It isn't. Queensland has a government-backed scheme that steps in when the at-fault driver can't be found. But the deadlines are brutal, and missing them is very difficult to overcome.
What Is the Nominal Defendant?
The Nominal Defendant is a statutory body established under Queensland's Motor Accident Insurance Act 1994. It exists to pay CTP compensation when the at-fault driver either cannot be identified (a hit-and-run) or was uninsured at the time of the accident. In effect, the Nominal Defendant stands in the shoes of the at-fault driver and handles the claim as if it were a standard CTP insurer.
This means the compensation available is exactly the same as in any other CTP claim — medical expenses, lost income, general damages for pain and suffering, and the cost of care. The only difference is who you're claiming against and the additional steps you must take to establish that the driver truly cannot be found.
The Deadlines — Act Immediately
- 3 months from the accident — give written notice to the Nominal Defendant of your intention to make a claim. This is a strict precondition. Failing to give notice within 3 months will bar your claim unless you can satisfy the court that a full and satisfactory explanation exists for the delay. This is a very high bar.
- 9 months from the accident — lodge a formal Notice of Accident Claim Form (NOACF) with the Nominal Defendant.
- 3 years from the accident — the outer limit to commence court proceedings.
The 3-month notice deadline is what catches people out. It is far shorter than the standard 9-month CTP deadline and runs from the date of the accident — not from when you understood your legal position. If you were injured in a hit-and-run, contact a lawyer immediately.
The Proof Requirement — Genuine Steps to Identify the Driver
Before the Nominal Defendant will accept liability, you must demonstrate that you took genuine and reasonable steps to identify the at-fault driver and were unable to do so. What counts as genuine steps depends on the circumstances, but typically includes:
- Reporting the accident to Queensland Police promptly and obtaining a police report number
- Providing police with any description of the vehicle, partial registration, colour, make or model
- Identifying and providing details of any witnesses who may have seen the vehicle
- Checking for CCTV footage from nearby businesses, traffic cameras, or dashcams — and requesting its preservation before it is deleted
- Making enquiries with the relevant transport authority if a partial plate was recorded
The more thorough your efforts to identify the driver, the stronger your position with the Nominal Defendant. A police report alone is usually not sufficient — you need to show active attempts to find the driver.
What Your Claim Can Cover
A successful Nominal Defendant claim provides the same entitlements as any other CTP personal injury claim in Queensland:
- Past and future medical and rehabilitation expenses
- Past and future loss of income and superannuation contributions
- General damages for pain, suffering, and loss of amenity of life
- The cost of past and future care and domestic assistance
For more detail on what a CTP claim covers and how the process works, see our car accident compensation page.
Uninsured Drivers
The Nominal Defendant also covers situations where the at-fault driver is identified but their vehicle was unregistered or uninsured — meaning there is no CTP insurer to claim against. In these cases the 3-month notice requirement does not apply, but you should still act promptly. The standard 9-month NOACF deadline applies.
The Bottom Line
A hit-and-run is traumatic. The last thing you should have to think about from a hospital bed is a 3-month legal deadline. But the deadline is real, and missing it can permanently end your right to compensation. If you or someone you know has been injured by an unidentified driver, get legal advice today — not next month.