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    Motor Vehicle Accidents where the At-Fault Driver flees the scene

    May 16, 2023

    Motor Vehicle Accidents where the At-Fault Driver flees the scene

    Compensation after a motor vehicle accident (MVA) involving a stolen vehicle or a vehicle that flees the scene can be complex and may depend on several factors such as the specific circumstances of the accident, the insurance coverage available, and the laws in State where the accident occurred.

    If the driver of the stolen vehicle or the fleeing vehicle is caught, they (or their Insurer) can be held liable for any damages or injuries caused by the accident. However, if the driver is not caught or does not have sufficient insurance coverage, the victim may still eligible to make a Compulsory Third Party (CTP) claim through the Nominal Defendant.

    In Queensland, the Motor Accident Insurance Commission (MAIC) is responsible for managing the CTP insurance scheme and its Insurers. This scheme provides compensation for people who are injured or killed in a motor vehicle accident caused by the fault of the owner or driver of the vehicle. The Nominal Defendant is a statutory body established under MAIC for the purpose of compensating people who are injured as a result of the negligent driving of an unidentified and/or uninsured motor vehicle.

    If the driver of the stolen vehicle or the fleeing vehicle is not caught, injured parties may still be able to receive compensation under the CTP scheme. This is because the scheme is funded by a levy on all registered motor vehicles in Queensland, which means that even if the at-fault driver cannot be identified or does not have insurance, the injured party can still make a claim against the Nominal Defendant.

    Are there time limits on making a motor vehicle accident claim in Queensland?

    To make a claim under the CTP scheme in Queensland, the injured party must lodge a Notice of Accident Claim Form (NOAC) with the CTP insurer of the at-fault vehicle within 1 month of consulting with a solicitor about the accident and within 3 years of the date of the accident. The injured party must also provide supporting documentation such as medical reports, police reports, and witness statements to support their claim. In the case of compensation claims against unidentified or uninsured vehicles, a compliant NOAC must be lodged with the Nominal Defendant within 9 months of the date of the accident. As claims involving stolen, unidentified or unregistered vehicles can be complex, it is important to seek legal advice as soon as possible in relation to your rights and entitlements.

    If the injured party is successful in their claim, they may be entitled to compensation for medical expenses, loss of income, and other expenses related to their injuries. It is important to note that the compensation available under the CTP scheme may be limited, and it may not cover all of the injured party’s losses.

     

    Further reading on Queensland road accidents

    https://www.data.qld.gov.au/dataset/crash-data-from-queensland-roads

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