Last updated · General information, not legal advice
Overview
Every registered vehicle in NSW is required to carry CTP insurance, but not every driver on the road follows that requirement, and not every driver stops after a crash. If you were injured by a vehicle that turned out to be uninsured, or one you couldn't identify — a genuine hit-and-run — you're not without options. The NSW scheme includes the Nominal Defendant, a government-backed fund that stands in for the missing insurer so injured people aren't left uncompensated because of someone else's failure to insure their vehicle or their decision to flee the scene.
Key points
- The Nominal Defendant stands in for an uninsured or unidentified vehicle's insurer
- Report to police promptly and try to identify the vehicle wherever possible
- "Due inquiry and search" is the standard expected for hit-and-run claims
- The same general time limits apply as for a standard CTP claim
- Evidence — dashcam, CCTV, witnesses — degrades fast, so early action matters
Your situation
Work out where you stand
How we help
Nominal Defendant claims involve an extra layer most people haven't dealt with before, and getting the process right from the start matters. A free claim check walks you through what evidence to gather now — police report number, any CCTV or dashcam, witness details — and what the claim itself will need to show. These claims are a common case where an independent specialist lawyer adds real value, and we'll connect you with one where it makes sense. Alongside sorting out the claim itself, don't lose sight of getting the right treatment — a doctor experienced with CTP claims can assess your injuries and complete your Certificate of Fitness regardless of how the Nominal Defendant claim proceeds. See doctors and allied health for CTP claims for help finding providers.
What this means
You can generally claim against the Nominal Defendant for an uninsured or unidentified vehicle in the same way you'd claim against a normal CTP insurer, with broadly the same benefits and time limits. For an unidentified vehicle, you need to show you made "due inquiry and search" to try to identify it — reporting to police promptly, speaking to any witnesses, and following up on public appeals where relevant. The 28-day rule for back-paid weekly payments applies here too, so acting quickly matters even when the process feels less certain than a standard claim.
This is general information, not legal advice. Rules depend on your accident date and circumstances, and they change — check the current scheme rules with SIRA and get advice about your own situation.
