Hit-and-run or uninsured vehicle: claiming against the Nominal Defendant

What the Nominal Defendant is

If you were injured by an unidentified vehicle, for example in a hit-and-run, or by an uninsured vehicle, you can claim against the Nominal Defendant. It stands in for the missing insurer.

In practice, a licensed CTP insurer may manage the claim on the Nominal Defendant's behalf.

When it applies

The Nominal Defendant generally applies when:

• the vehicle can't be identified, for example the driver drove off and no one got the number plate
• the vehicle was identified but had no CTP insurance, for example because it wasn't registered.

A claim can also go through the Nominal Defendant Fund where the vehicle at fault is registered interstate. See interstate accidents.

Due inquiry and search

For an unidentified vehicle, you must make "due inquiry and search" to try to identify it. In plain terms: make genuine efforts to find out whose vehicle it was. For example:

• report the accident to police promptly and get the event number
• speak to witnesses and write down their details
• ask nearby businesses or drivers for CCTV or dashcam footage
• make a public appeal for witnesses.

It helps to keep a written note of what you did and when. See reporting to police and getting your event number.

How to start

SIRA's CTP Assist line, 1300 656 919, can tell you where to send a Nominal Defendant claim.

Otherwise, the claim generally works like any other CTP claim. You'll need the claim form, a Certificate of Fitness from your doctor and the police event number. You can lodge even if you don't have every document yet.

We can help you get it ready and lodged, and keep track of your dates.

Time limits

The same 28-day rule applies for back-paid weekly payments: to get them back-paid to the day after the accident, the claim generally needs to be in within 28 days. You can still claim up to 3 months after the accident.

Report the crash to police within 28 days, unless police attended. For a hit-and-run, report it as soon as you can: it's part of due inquiry and search.

See all CTP claim time limits.

How we help

We're an independent service, not the government. We can help you work out what to gather, go through the claim form with you and keep track of the dates. If the Nominal Defendant disputes your claim, we can introduce you to an independent CTP lawyer if you want one.

Rules change. This page reflects the rules as we understand them in September 2026. General information, not legal advice.