A member asked over 9 years ago

Motor vehicle accident compensation

I was in a car accident with another car, but they never found the person who caused it. Can I still get compensation?

Chris  Sheppard
Equity partner at RMB Lawyers

In NSW you are entitled to lodge a claim against the "Nominal Defendant" (the Nominal Defendant is a scheme run by the State government for exactly this situation).


However, strict time limits apply. You need to report the accident to police within 28 days and lodge a Personal Injury Claim Form (available on the Motor Accident Authority of NSW website) within 6 months of the date of the accident. When lodging a claim upon the Nominal Defendant you are also required to conduct "due search and enquiry" in an attempt to establish the registration details of the unknown vehicle.


Suggested way forward

I suggest that you consult a lawyer in your state who specialises in personal injury law. if you are in NSW, I can be contacted on christophers@rmblawyers.com.au

Answered about 9 years ago   Legal disclaimer

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