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When a Mystery Motorist is At Fault

Car Accident Lawyer – Nominal Defendants

If you or someone you know has been injured in a car accident, compensation may still be available even if the identity of the person at fault and liable is unclear.

These situations can arise where there is a hit and run scenario, when an uninsured or unregistered driver is at fault, or other circumstances make it difficult to identify the individual against whom a claim can be made.

The law in NSW appoints a Nominal Defendant in most situations where the at-fault individual cannot be identified for the purposes of claiming compensation. In order for this to occur the claimant must prove that certain steps were taken towards attempting to identify the individual. That is, the courts require “due search and inquiry” be undertaken to ascertain the person’s identity before the claim can proceed.

If this process has been carried out and sufficient evidence of it has been obtained, confirmation that due search and inquiry was performed can be provided by oral evidence or affidavit of the person who undertook the process.
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