Been involved in a ‘hit and run’?
Not sure who you can get compensation from?
Never heard of the Nominal Defendant?
It can be scary and confusing when you have been involved in a hit and run.
You have been injured, sometimes gravely.
Your motor vehicle is likely damaged, and you think you will have to front the costs because the person who caused the accident was not decent enough to stick around.
Unfortunately, we often see cases like this.
We want to remind you that you are entitled to compensation if you are the victim of a ‘hit and run’.
In the ACT, a body known as the Nominal Defendant exists. The Nominal Defendant takes the place of the at-fault driver and insurer in your motor vehicle claim.
What is a ‘hit and run’?
By law, if you are involved in a car accident, you have to stop and check that everyone is alright. You also need to exchange details with any other driver’s involved or the owners of any damaged property.
When someone does not take these steps or rather simply does not stop, this is what we call a ‘hit and run’ and can get you in a lot of trouble – namely, hefty fines or even jail time.
What to do if you have been involved in a ‘hit and run’?
If you have been hit by another motor vehicle and they failed to stop there are several steps you should take:
- Pull over into a safe place (if possible),
- Make sure everyone is okay and if necessary, call an ambulance,
- Call the police and report what has happened,
- The accident should be reported to police within 24 hours, if not practicable to do it at the time of the accident.
- Note down any identifying feature of the vehicle that hit you, such as:
- Licence plate,
- Type of car,
- Colour of car
- If you saw the driver, note down a description of them,
- Note down details of what happened,
- If possible, take pictures of your car.
The Nominal Defendant
Typically, if you have been involved in a motor-vehicle accident you can make a claim for compensation against the at-fault driver’s insurer.
If the driver did not stop but you managed to get their licence plate.
You can contact the insurance commission to provide details of that driver’s insurer and you can submit a claim from there.
However, in cases where you haven’t been able to record the licence number or in situations where the at-fault driver isn’t insured, you are still able to claim under the Nominal Defendant Scheme.
This Scheme has been designed so that people, like you, who have been injured have access to compensation.
At United Legal, we understand that this is a stressful time.
We want to help you and take care of the legal side, ensuring you maximum compensation, so that you can focus on getting better.
What is most important to understand is that you have a right to compensation.
If you have been injured, irrespective if you know who caused you harm or not.
Come in to United Legal for a free consultation with us to discuss your rights
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