Yes, but there are rules to making a claim against an unknown or unidentified driver, who is known as the “Nominal Defendant”. If you were involved in a car accident and have been injured, whether you were a pedestrian, passenger or driver, and the unknown driver or Nominal Defendant is at fault, you can still make a claim. The same time limits apply and the same notice provisions apply.
The accident must still be reported to the Police within 28 days of the accident. Secondly, the Claim Form is lodged against the Motor Accidents Authority, who will then refer your claim to one of the Compulsory Third Party insurers, who will take on the claim as if that insurer was the insurance company of the unknown driver.
Due Search and Enquiry
You must be able to show that you have taken all reasonable steps to find out who the driver is. This is called due search and enquiry. The Motor Accidents Compensation Act, 1999 is clear that the Claimant (that is, the injured person) must do everything reasonable to try and find out the identity of the car and/or the driver involved.
These things should also be done as soon as possible, and especially before “the scent goes cold”. Such things that you would need to do include:
- Contact any witnesses to the accident;
- Go back to the scene of the accident and doorknock on businesses or houses to see if anybody witnessed the accident.
- Put an ad in the local paper and/or regional paper in the Public Notices section asking for anyone who witnessed the accident to come forward and contact you with any details.
In some instances, doing these things may not be practical, as you may have suffered serious injuries and are in hospital for a great length of time. If someone can make the enquiries on your behalf, that is reasonable. Importantly, reporting your accident to the Police means that the Police can take any steps they believe are necessary to try and track down the driver at fault. In doing these things, you protect your right to bring your claim for compensation for your medical expenses, wage loss, pain and suffering and care (if you qualify) when the driver cannot be identified.
If you feel you would like to discuss your options please contact Emma Mead who is our Personal Injury Specialist based in the Newcastle Office of Burke Elphick and Mead Lawyers.
