In short, no problem, all is not lost but you need to act very quickly.
Who pays?
The Nominal Defendant will step in to act as the insurer and compensate you if you have been injured but are unable to identify the vehicle at fault. Accidents like this can occur in hit and run situations or where the at fault vehicle is on the wrong side of the road causing you to swerve or where the at fault vehicle drops or has dropped some of its load which then causes an accident.
Time limits
There are strict timeframes within which steps need to be taken. A notice must be given to the Nominal Defendant within three (3) months after the motor vehicle accident. If the notice is not given within this time, the obligation to give the notice continues, but the notice must include a reasonable excuse for the delay.
If the notice is not given within nine (9) months after the car accident, however, the claim against the Nominal Defendant is barred. It is too late and neither the Nominal Defendant nor a court can waive compliance with this requirement.
Do I need to try and find the vehicle responsible?
The obligation on you is to make a “proper enquiry and search” for the vehicle responsible for the accident. But what does that mean for you? If you have a reasonable opportunity to identify the vehicle, then you are expected to do so.
If you had a reasonable opportunity to obtain the vehicle’s details immediately after the accident but failed to do so, this might constitute a failure to meet the standard of “proper inquiry and search”. A good rule to follow is that if you can, you should.
Returning to the scene, posting notices, or using social media to get help in identifying the vehicle or locate witnesses may be expected as part of a “proper inquiry and search,” but these steps must be reasonable and likely to produce results. The reasonableness of the inquiries also depends on the timeframe in which they are conducted and your circumstances and ability to undertake them.
Three (3) principles to bear in mind are:
- Your physical and mental state at the time of the incident must be considered. For example, a person in shock or unaware that they have been injured (even if they experience pain) may not be required to pursue the vehicle or record its registration details immediately after the incident.
- Steps that are unlikely to be productive, such as returning to the scene of the incident or searching the local road network without a reasonable likelihood of success, are not required.
- The inquiry and search must be reasonable in the circumstances, and the claimant is not expected to undertake steps that have only a faint possibility of yielding results.
Practical guidance
REMEMBER
At the time or in the aftermath of the accident in which you were injured, do what you can to identify the vehicle that was responsible for your accident, but above all act quickly. Do not delay in contacting us.
