What Happens if the At‑Fault Driver Is Uninsured or Can’t Be Identified?

Being injured in a car accident is stressful enough. Finding out the driver who caused it was uninsured – or that they left the scene and cannot be identified – adds another layer of worry.

Clients often ask us, “Will I still be able to claim?” The good news is that in New South Wales, there are safety nets in place so you are not left without support just because the other driver did the wrong thing.

Understanding CTP and property insurance

In NSW, every registered vehicle must have Compulsory Third Party (CTP) insurance, often called a “green slip”. CTP covers injuries to people caused by the use of that vehicle. It does not cover damage to cars or property – that is where comprehensive or third‑party property insurance comes in.

When the at‑fault vehicle is registered and insured, your injury claim will usually run through that CTP insurer under the Motor Accident Injuries Act 2017. Problems arise when the vehicle is unregistered and therefore uninsured, or when the driver cannot be identified at all.

If the at‑fault vehicle is uninsured

If the vehicle that caused your accident was unregistered, it will not have a valid CTP policy. In those cases, your injury claim is made through a government body known as the Nominal Defendant, which steps in where there is no insurer.

The Nominal Defendant effectively acts as the insurer for the uninsured vehicle. You can still claim treatment and care expenses, weekly income support and, in appropriate cases, lump sum compensation for permanent impairment. The process is similar to a standard CTP claim, but there are strict time limits, so early notification is critical.

If the at‑fault driver is unidentified (hit and run)

In hit and run accidents, you may not have details of the driver or the registration of their vehicle. That is understandably distressing, but it does not automatically end your right to compensation. If certain conditions are met – including reporting the crash to police promptly – you may still be able to claim through the Nominal Defendant.

The key is to report the accident to police as soon as practicable and give as much detail as you can about the vehicle, location and circumstances. Witness statements, CCTV and dash‑cam footage can all help support your version of events.

Property damage when the other driver is uninsured

In addition to injury, many people face significant repair costs when an uninsured driver damages their vehicle. If you have comprehensive cover or certain third‑party property policies, you may be able to claim repairs through your own insurer, who may then pursue the at‑fault driver.

Where you do not have such cover, you may still be able to pursue the uninsured driver directly for your losses. In practice, recovery depends on whether they have the means to pay. We can advise you on whether such action is worthwhile in your situation.

Steps to take after an accident with an uninsured or unidentified driver

After any motor accident, your health comes first. Seek medical attention and keep records of all treatment. As soon as you reasonably can, you should:

• Report the crash to police and obtain an event number.
• Collect as many details as possible about the other vehicle and driver (if known).
• Take photos of the scene, damage and any visible injuries.
• Get names and contact details of witnesses.
• Contact a lawyer to identify the correct insurer or the Nominal Defendant and lodge your claim within the required time limits.

Missing key steps or deadlines can reduce or even jeopardise your entitlements, so it pays to get guidance early.

How McDonnell Schroder can help

We regularly assist clients who have been injured by uninsured or unidentified drivers across Western Sydney. Our team can identify the correct insurer or government body, lodge your claim, negotiate with insurers and, where necessary, commence proceedings to protect your rights.

We also help you understand how your own insurance policies interact with any CTP or Nominal Defendant claims, so you are not left guessing who should be paying for what. When you are dealing with injuries, time off work and car repairs, having someone handle the legal and insurance side can make a real difference.

Speak With McDonnell Schroder Today!

At McDonnell Schroder, we understand how stressful these situations can be. Our experienced team will listen to your circumstances, explain your rights clearly, and guide you through the process with confidence and care.

Call us today on (02) 9622 1155 or fill out our online form for a free consultation. We’re here to guide you every step of the way.