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Home | Compensation Law | Accident claim

Car accident compensation claim

Hit and run accidents are unfortunately far too common and these types of accidents can cause serious injuries to innocent pedestrians. At Turner Freeman lawyers, our car accident claim lawyers specialise in all types of car accident claims and can help you with your accident compensation claim if you have been injured by an unidentified or unregistered vehicle.

In NSW, CTP insurers must make contributions to the Nominal Defendant fund which is regulated by SIRA. If you have been injured in a motor vehicle accident involving an unregistered or unidentified vehicle, you can possibly make a claim against the Nominal Defendant. A claim against the Nominal Defendant is slightly different than a normal claim as you are obliged to pursue due search and enquiry to establish the identity of the driver of the vehicle. You can fulfil this duty by:

  1. Putting an advertisement in the local paper;
  2. Contacting your local police station; and
  3. Obtaining statements from witnesses of the accident.

It is vital that you endeavour to fulfil your obligation to pursue due search and enquiry as a failure to do so could mean that you are not entitled to compensation. If you are successful in proving that the driver of the vehicle that injured you is in fact unable to be identified, you can make a claim against the nominal defendant for:

  1. Past and future economic loss;
  2. Past and future out of pocket medical expenses;
  3. Past and future domestic assistance; and
  4. Non-economic loss (if applicable).

The Nominal Defendant scheme also applies to accidents that involve an uninsured vehicle.  Again, these types of claims are more complex than a normal car accident claim. These types of claims can require the injured party to prove that the uninsured vehicle should have been insured at the time of the accident and that the vehicle was in fact capable of being insured. It is vital that an experienced car accident claim lawyer have conduct of the claim from the outset to ensure that the relevant enquires are immediately made.

At Turner Freeman Lawyers, our lawyers are experienced in all types of car accident claims and can assist you in making a claim against the Nominal Defendant. The Nominal Defendant Scheme will continue to exist after the change in CTP laws that have come into force from 1 December 2017. If you have been injured by an unregistered or unidentified vehicle, we encourage you to contact our office today.