Motor Vehicle Accident Claim (Claimant) - Nominal Defendant Claim (Unidentified / Uninsured)

Nominal Defendant claims have significantly shorter time limits than standard CTP claims. For an unidentified vehicle, the notice of accident claim (the same MAIC Form F1) must be given to the Nominal Defendant within 3 months after the accident (s 37(2)(a)). If it is given late, a reasonable excuse for the delay must be given, and if it is not given within 9 months after the accident the claim against the Nominal Defendant is barred (s 37(3)). For an uninsured but identified vehicle, the standard deadline applies (the earlier of 9 months from the accident or 1 month after first consulting a lawyer). For unidentified vehicle claims, the claimant must also prove they conducted a proper inquiry and search - objectively reasonable efforts to identify the at-fault vehicle. This involves checking with police, obtaining CCTV and dashcam footage, placing local newspaper advertisements, and inspecting the accident scene. For uninsured (but identified) vehicle claims, a search of the TMR registration database confirms the CTP status. Once established, the matter proceeds along the same path as a standard CTP claim through the pre-court conference and, if needed, court proceedings.

Key legislation: Motor Accident Insurance Act 1994 (QLD) - s 31 (Nominal Defendant liability for unidentified and uninsured vehicles), s 37 (NOAC deadline: 9 months from accident or 1 month from first consulting a lawyer), s 51A (pre-court conference), s 51C (mandatory final offers). Notice of claim for unidentified vehicle claims: 3 months after the accident (s 37(2)(a)); a late notice needs a reasonable excuse and the claim is barred if notice is not given within 9 months (s 37(3)). Civil Liability Act 2003 (QLD) - damages framework. Key case: Ford v Nominal Defendant [2023] QCA 83 - 'proper inquiry and search' does not require the claimant to take unreasonable risks or pursue identification by impractical means, particularly where the claimant was in shock or initially unaware of the severity of their injury.

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