Understanding Nominal Defendant compensation claims under South Australia's CTP scheme

Mellor Olsson Lawyers


Mellor Olsson is a leading South Australian law firm, offering specialized legal advice to families and businesses across the State. With a focus on client needs, our experienced lawyers strive to enhance the lives and businesses of our valued clients. We are committed to South Australia, providing high-quality legal services in Adelaide and regional areas, building lasting relationships through personalized service.
How to claim compensation for injuries and/or vehicle damage under the CTP scheme in South Australia.
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If you have been injured in a motor vehicle accident in South Australia, the aftermath can be overwhelming. In addition to dealing with injuries and vehicle damage, there's often the question of how to pursue compensation for your losses. You may be eligible to bring a claim for compensation under South Australia's Compulsory Third Party ("CTP") Scheme.

Under the CTP Scheme, every registered vehicle in South Australia holds a policy of CTP insurance. This means that if you're injured in a motor vehicle accident, regardless of whether you were a driver, passenger, pedestrian, or cyclist, you may be able to bring a claim for compensation under the at-fault driver's CTP insurance policy.

For information about how compensation is calculated in CTP claims, see our article, A guide to CTP claims in South Australia.

How do I lodge a CTP claim if I can't identify the at fault driver?

To lodge the claim against an at-fault driver, you need to know their identity but what happens when their identity cannot be ascertained? The most common example of this is where the at-fault driver has left the scene of the accident so their name and registration number are unknown.

Complicating matters further, if the vehicle involved in the accident is unregistered, it lacks a policy of Compulsory Third Party (CTP) insurance. Without CTP coverage, there is no avenue for compensation through the vehicle's insurance.

To address the injustice of injured individuals being unable to claim compensation due to unknown driver identities or uninsured vehicles, the Nominal Defendant intervenes. Rather than pursuing the at-fault driver, you have the option to bring the claim against the Nominal Defendant.

To bring a Nominal Defendant claim, there are a few additional requirements that need to be met so it is important that you obtain legal advice as soon as possible to ensure that these requirements are satisfied. A failure to meet these requirements may result in your claim being rejected or failing.

If your claim is rejected or ultimately fails, you will be unable to claim compensation for your injuries.

How can we help?

If you find yourself in a situation where you have been injured in a motor vehicle accident, and the at-fault driver is unknown or uninsured, the Nominal Defendant could be your pathway to compensation. It ensures that you are not left without recourse due to these circumstances.

Navigating the process of bringing a claim against the Nominal Defendant can be complex, and it's crucial to meet all the necessary requirements to avoid rejection or failure of your claim. Seeking legal advice promptly can help ensure your claim is handled effectively.

If you need assistance with a CTP claim or have questions about the Nominal Defendant process, don't hesitate to reach out to our experienced Personal Injury team. We can guide you through the process and maximise your chances of obtaining the compensation you deserve.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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