Kathryn MacDonell
Chief Executive Officer
Kathryn is Trilby Misso’s Chief Executive Officer.
Meet KathrynYes, you may still be able to claim compensation if the driver who hit you was uninsured, unregistered or could not be identified. In Queensland, some injured road users may be able to make a claim through the Nominal Defendant when there is no standard CTP insurer available. If you were injured in a crash, the first step is understanding whether you may have a motor vehicle injury claim and whether your situation involves a driver, passenger, pedestrian, motorcycle or truck accident claim.
What Happens If the At-Fault Driver Was Uninsured?
In Queensland, CTP insurance is linked to vehicle registration. If the at-fault vehicle was uninsured or unregistered, there may not be a normal CTP insurer to claim against.
That does not always mean an injured person has no options.
In some cases, a claim may be made through the Nominal Defendant, which acts as an insurer of last resort for certain accidents involving uninsured or unidentified vehicles.
This may be relevant if you were injured as:
- A driver in a car accident
- A passenger in a car accident
- A pedestrian hit by a car
- A motorcycle rider
- A person injured in a truck accident
What If the Driver Left the Scene?
If the driver left the scene and cannot be identified, this is commonly referred to as a hit and run accident.
In this situation, it is important to gather as much information as possible, such as:
- Vehicle registration, even partial details
- The make, model or colour of the vehicle
- Dashcam or CCTV footage
- Witness names and contact details
- Police report details
- Photographs of the scene
- Medical records
Hit and run claims can involve strict timeframes, so early action is important.
What Should I Do After Being Hit by an Uninsured Driver?
After any serious motor vehicle accident, you should:
- Seek medical attention.
- Report the crash where required.
- Collect the other driver’s details if available.
- Take photos of the scene and vehicles.
- Keep records of symptoms and treatment.
- Find out whether the vehicle was registered and insured.
- Get advice about the correct claim pathway.
Even if the driver was uninsured, the accident should still be properly documented.
Can I Claim If I Was a Passenger?
Yes, passengers may also have rights after an uninsured vehicle accident.
This can include passengers in:
- The uninsured vehicle
- Another vehicle involved in the crash
- A rideshare, taxi or work vehicle
- A friend’s or family member’s car
For passenger-specific information, see I Was a Passenger in a Car Accident.
Frequently Asked Questions
Can I claim if the car was unregistered?
Potentially, yes. If the at-fault vehicle was unregistered, a Nominal Defendant claim may be available depending on the circumstances.
What if I only have part of the registration number?
Partial registration details may still be useful. You should also look for witness details, CCTV footage, dashcam footage and police records.
Is an uninsured driver the same as a hit and run driver?
Not always. An uninsured driver may be identified, while a hit and run driver may be unknown. Both situations can affect how the claim is made.
Related Information
- Motor Vehicle Injury Claims
- I Was a Driver in a Car Accident
- I Was a Passenger in a Car Accident
- I Was a Pedestrian in a Car Accident
- Motorcycle Accident Lawyer
- No Win No Fee Lawyer
External Resources:
“Do I have a claim?”
“Do I have a claim?”
Use this simple online tool and find out if you have a claim in less than thirty seconds. You can choose to remain anonymous.
Your next step is a small one, but don’t delay
Your next step is a small one. All you need to do is give us a call on 07 3910 5470 or complete this form here to arrange a quick chat.
During this initial conversation, we will:
- Have a chat about your circumstances.
- Give you an approximate indication of your eligibility for compensation.
- Explain, in simple terms, how our process works. We will answer any questions you have about fees, the legal process, and anything else you’re unsure about relating to your circumstances.
We understand that taking legal action can be stressful, and we’ll do all we can to ease your concerns.
The chat can take place at our place, your place, or by phone. There is no cost, no pressure, and no obligation.
Call 07 3910 5470 or fill out this form, and we’ll get back to you within 2 hours (during business hours). We look forward to meeting you.
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