Nominal Defendant claim in Queensland for a hit-and-run or uninsured car (2026)
A Nominal Defendant claim is how you seek CTP compensation in Queensland when no one can identify the vehicle at fault, or it had no CTP insurance. The Nominal Defendant then acts as the insurer. For an unknown vehicle, notice is due within 3 months. After 9 months, however, the law bars the claim.
Key takeaways
What is the Nominal Defendant?
The Nominal Defendant is a Queensland statutory body that stands in for a CTP insurer when there isn’t one. MAIC explains that it acts as the insurer for injury claims involving unidentified or uninsured (unregistered) vehicles. It also meets claim costs if a licensed insurer becomes insolvent.
The law gives it the same footing as a licensed insurer. MAIA s 18 treats the Nominal Defendant as a licensed insurer for claims. In addition, under s 33, its liability matches that of a CTP insurer of the vehicle.
Also, a levy paid with CTP premiums funds it, according to MAIC. For how CTP claims work more generally, see our guide to car accident claims in Queensland.
When do you make a Nominal Defendant claim?
You make a Nominal Defendant claim when no CTP insurer covers the vehicle at fault. MAIA s 31 sets out who the insurer is in each case:
Does every unregistered vehicle count?
No. The rules apply to vehicles that needed registration but didn’t have it. MAIC says that insurers are unlikely to accept a claim where the vehicle at fault can’t be registered, such as an e-bike or e-scooter. That also matches the Act, which defines a motor vehicle as one that requires registration under Queensland road-use law.
Also, a recently expired registration may not mean the car lacked cover. Under MAIA s 23(2), the CTP policy generally lasts for a grace period of up to 30 days after registration ends. There are exceptions, for example where transport authorities cancelled the registration.
What are the Nominal Defendant claim time limits?
The deadlines are tighter for hit-and-run crashes than for any other CTP claim. The table below therefore sets them out.
|
Situation |
Time limit |
Law |
|---|---|---|
|
Unknown vehicle |
Notice to the Nominal Defendant within 3 months |
MAIA s 37(2)(a) |
|
Unknown vehicle, no notice within 9 months |
The law bars the claim. The Nominal Defendant can’t waive this and a court can’t grant leave |
MAIA ss 37(3), 39(8) |
|
Known vehicle with no CTP insurance |
The earlier of 9 months after the accident (or first symptoms) and 1 month after first seeing a lawyer |
MAIA s 37(2)(b) |
|
Starting court proceedings |
Generally 3 years from the accident |
LAA s 11 |
How do you show you tried to identify the vehicle?
You need to show you genuinely tried. MAIC says it is important to make a genuine attempt to identify the vehicle before contacting the Nominal Defendant. In court, s 31(2) lets you rely on evidence that proper inquiry and search failed to identify it.
In practice, that usually starts with the police. You must make sure police have notice of the accident (s 34). MAIC also says to get the QP reference number. After that, keep a record of what you did to trace the vehicle.
How do you lodge a Nominal Defendant claim?
Generally, you use the same Notice of Accident Claim Form as any other CTP claim. The current MAIC form gives the postal address for these claims: Nominal Defendant, GPO Box 2203, Brisbane Qld 4001. The form also lists the MAIC enquiry line, 1800 287 753.
You need the same documents, such as a police report number, CTP medical certificate, photo ID and claimant certificate. Our Notice of Accident Claim Form guide walks through each one.
Sometimes, however, an identified vehicle and an unidentified one both caused the crash. Then another insurer can act for the Nominal Defendant only with its written agreement (s 38(6)).
What happens after you lodge?
From here, the claim follows the normal CTP process. Like any insurer, the Nominal Defendant must respond within 14 days (s 39). It must also decide liability within 6 months and try to resolve the claim (s 41).
Where a known vehicle had no CTP insurance, the Nominal Defendant may later recover its costs from the owner or driver. MAIA s 60 gives it that right. There are defences, for example an owner’s reasonable belief that the car had insurance. That recovery is between the Nominal Defendant and the owner or driver, so it doesn’t reduce the injured person’s claim.
How often do hit-and-run and uninsured crashes lead to claims?
Nominal Defendant claims are a small part of the scheme, but numbers are rising. In 2025–26, MAIC’s scheme insights report 247 new claims involving unidentified vehicles and 99 involving uninsured vehicles. MAIC says that is about 7% higher than the previous 12 months.
For unidentified-vehicle claims received from 1 July 2021 to 30 June 2026, MAIC’s data shows who claimed:
|
Claimant role |
Share of unidentified-vehicle claims |
|---|---|
|
Driver |
46.4% |
|
Motorcyclist |
14.4% |
|
Pedestrian |
13.6% |
|
Passenger in another vehicle |
10.9% |
|
Cyclist |
7.7% |
|
Other |
4.4% |
|
Passenger in the at-fault vehicle |
2.5% |
Frequently asked questions
Sources
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About the author
Marshall Fenech, Editor
Marshall Fenech is the editor of Compare Personal Injury Lawyer QLD. He researches Queensland personal injury law firms and claim rules, checks every fact against public sources such as the Queensland Law Society, MAIC, WorkCover Queensland and Queensland legislation, and dates each check. He does not give legal advice.
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