Understanding Compensation Claims for Hit and Run Accidents in QLD

Last updated on May 18th, 2022 at 12:12 pm

If you are involved in a hit and run car accident in Queensland, you have a right to pursue a compensation claim. Asking for help from motor vehicle accident lawyers can help you further understand your situation and what you’re entitled to when the situation occurs.

You can pursue a claim even if the driver of the vehicle at fault is not known. In those circumstances, a claim can be bought for compensation against the Nominal Defendant.

Nominal Defendant

The Nominal Defendant is a statutory body set-up to provide insurance protection in circumstances where the driver of the at-fault vehicle is not known, i.e, hit and run accidents. The nominal defendant also covers claims in circumstances where the compulsory third party (CTP) insurance policy on a vehicle has lapsed and therefore the vehicle is unregistered.

Claims against the nominal defendant proceed as per the norm in relation to CTP claims. This means that a claim form is prepared and delivered to the nominal defendant and are deemed to be the insurer of the at-fault vehicle.

Due Search and Enquiry

If the claim proceeds against the nominal defendant and the at-fault vehicle is not known, then the person making the claim must conduct due search and enquiry.

What this means is that the claimant or their lawyer must investigate and make proper and appropriate and timely enquiries so as to identify the vehicle.

If the vehicle is identified, then the claim does not proceed against the nominal defendant but does proceed against the CTP insurer of that vehicle.

No Win, No Fee Claims

Our firm is happy to proceed with claims against the nominal defendant under our no win, no fee policy. What this means is that we will not charge you any legal costs or outlays unless your claim is successful – which would then be paid for by the insurer at the conclusion of your matter.

There are no hidden fees or catches contained within our no win no fee policy. The terms of our engagement are clearly provided to you in writing and cover all legal costs and outlays, so you will not be required to pay any money, not one cent out of your pockets, towards your claim.

The Law

There is specific legislation that covers claims when a hit and run vehicle is involved. The time limits, which are imposed under the motor-accident insurance scheme are strictly adhered to. In some circumstances, if notices are not given in a timely and proper manner, then claims against the nominal defendant, i.e claims in circumstances of a hit and run accident, can no longer be pursued.

Expert Advice

It is extremely important that if you do suffer an injury as a result of another person’s negligence, you do obtain expert advice in a timely manner.

Should you fail to take certain steps, then you may lose your rights to make a claim. Similarly, if your claim is not properly conducted and the proper and relevant steps are not taken, then you may forego your rights to make a claim.

It is imperative that you seek confident legal advice as quickly as possible for if and when you find yourself a victim of a hit and run.

Who can claim after a Hit and Run Accident?

If you are involved in a hit and run accident you can make a compensation claim. You may be an injured pedestrian, injured driver of a vehicle which was struck or an injured passenger within a vehicle.

If you are therefore involved in a hit and run incident, we are happy to provide you with a complimentary free initial consultation whereby your rights can be fully discussed and explored.

Please do not hesitate to contact our office if you have any queries, or if we can help you in any way. Our motor vehicle accident lawyers in Brisbane are ready to help you with advice or legal representation.