Posted on 18 Mar 2026

Nominal Defendant NSW: Who Can Claim, Time Limits & Compensation Explained

Overview: Timeline for making a NSW nominal defendant claim

Requirement	Deadline	Why it matters
Report the accident to the police	28 days	You cannot make a Nominal Defendant claim without a police event number.
Lodge your claim early	28 days	Lodge early to receive back-pay for weekly benefits from the date of the accident.
Final date to lodge your claim	Three months	Submit your claim form to the Nominal Defendant by this final deadline to avoid missing out on benefits.
Due inquiry and search	Ongoing	If you were injured in a hit-and-run, you need to make reasonable attempts to find the at-fault car — otherwise, the Nominal Defendant can deny liability.

Two types of Nominal Defendant claims in NSW

In NSW, there are two main types of Nominal Defendant claims:

Unregistered vehicle claims: If you were injured by an unregistered vehicle (which means it didn’t have CTP insurance at the time). If you know the owner of the vehicle, you may also wish to sue them for any losses that exceed what the Nominal Defendant covers (such as property damage to your car).
Unidentified vehicle claims: If you were injured in a hit-and-run, and the at-fault vehicle can’t be identified.

Important: The ‘road’ requirement for Nominal Defendant claims

Claims are restricted to accidents on a road or ‘road-related area’. This includes footpaths, nature strips, public car parks, and any area open to the public for driving, riding, parking, or use by cyclists and animals. The Nominal Defendant is generally not liable if the accident happened on private property (like a farm or a private driveway), as shown in recent 2024 and 2025 rulings like Wright v NRMA.

Can I make a Nominal Defendant claim?

While most claims are made by drivers, you don’t have to be behind the wheel. In NSW, the following people can usually make a Nominal Defendant claim:

Drivers or passengers.
Pedestrians, cyclists, or motorcyclists.
Parents of children injured in a road accident.
Witnesses to a fatal crash (who develop a psychological condition as a result).
People who have lost a loved one in a motor vehicle accident.

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Who is the ‘Nominal Defendant’?

The Nominal Defendant is a legal entity that acts as a ‘stand-in’ insurer. Established under the Motor Accident Injuries Act 2017 (NSW), the Nominal Defendant exists to ensure that victims of accidents involving hit-and-run or unregistered vehicles can still access the same compensation as any other injured road user.

Under NSW CTP laws, every driver contributes to this scheme. A portion of every Green Slip premium paid in NSW is diverted into the Nominal Defendant Fund. This pool of money is managed by the State Insurance Regulatory Authority (SIRA) to cover claims where there is no private insurer to take the lead.

What injuries can I claim for?

You can make a Nominal Defendant claim for almost any condition resulting from a motor vehicle accident. This includes:

Physical injuries: Such as fractures, spinal damage, nerve injuries, and soft tissue damage (like whiplash).
Psychological injuries: Such as PTSD, depression, or anxiety.

Keep in mind, the Nominal Defendant scheme is strictly for personal injury. It does not pay for vehicle or property damage. To claim for property-related losses, you’ll need to make a claim against your comprehensive insurance policy (if you have one).

How to make a Nominal Defendant claim in NSW

To make a successful Nominal Defendant claim in NSW, you must follow the standard CTP process, but with an important additional requirement: unidentified vehicle claims require ‘due inquiry and search’.

Here is the step-by-step path to follow:

You should report the accident to the NSW Police within 28 days. This generates the police event number required to trigger a Nominal Defendant claim. Without third-party verification that the crash occurred, the claim cannot proceed.

If you don’t know the identity of the at-fault vehicle, you must perform ‘due inquiry and search.’ This means showing the Nominal Defendant that you took active, reasonable steps to identify the at-fault vehicle. If you simply say ‘the driver drove off’ and do not perform due inquiry, you cannot make a claim.

To correctly fulfil your ‘due inquiry and search’ requirements, you should:

Request CCTV or dashcam footage from local businesses or residents.
Do a letterbox drop or put up posters near the accident site asking for witnesses.
Post in local community social media groups asking for information.
Place a public notice in a newspaper (not always essential, but it shows thoroughness).

Claiming against an unregistered vehicle?

If the accident involved an unregistered vehicle, there’s no ‘due inquiry and search’ requirement. If you have the registration number, the Nominal Defendant will verify whether the vehicle was uninsured or unregistered.

Keep a symptom diary to record your pain levels, sleep disruption, mobility issues, psychological symptoms, and how your injuries affect everyday tasks. Small details matter. If you can’t lift grocery bags, sit for long periods, concentrate properly, or drive without discomfort, your claim should clearly reflect those limitations.

You should also gather the following evidence:

GP reports: Your GP should confirm your diagnosis and clearly record how your injuries affect your Activities of Daily Living, such as cooking, cleaning, dressing and showering. Insurers rely heavily on these records when assessing the severity of your injuries and your entitlement to benefits.
Specialist reports and scans: Include MRI, CT or X-ray reports, along with any specialist opinions outlining your diagnosis, recommended treatment, and long-term prognosis.
Treatment expenses: Keep receipts for out-of-pocket costs, including appointments, physiotherapy, medication, and travel to and from treatment.
Employment records: Document time off work, reduced duties, or any changes to your role because of your injuries.
Payslips and income evidence: Provide proof of your pre-injury earnings and your current income to support any claim for lost wages or reduced earning capacity.

The quality of your evidence can directly affect how your injury is classified, how long your weekly benefits continue, and the amount of any final settlement.

You need to complete an Application for Personal Injury Benefits (PDF) and either:

Lodge online via the SIRA portal.
Mail your form to the Nominal Defendant, Level 13, 2-24 Rawson Place, Haymarket NSW 2000.

Make sure to lodge your claim within the time limit:

For back-pay: We suggest lodging your application within 28 days to ensure your weekly wages are covered from the date of the accident.
The final cut-off: You have three months to lodge your claim. If you miss this deadline, you’ll need to provide a reasonable excuse for the delay.

Once lodged via the SIRA portal, your claim is assigned to a standard insurer (like NRMA, GIO, or Allianz). They manage the claim on behalf of the government fund, but they use the same assessment criteria as any other CTP claim.

A claims officer will review your medical records and likely request an Independent Medical Examination (IME). This determines if your injury is:

Threshold: Generally soft-tissue or minor psychological injuries. Benefits usually cap at 52 weeks.
Non-threshold: More severe injuries, such as fractures, nerve damage, or diagnosed PTSD. This classification opens the door to long-term support and lump-sum compensation.

Within four weeks of lodging, the insurer must tell you if they accept ‘provisional liability’. This allows them to start paying for your medical treatment and lost wages while they continue to investigate the crash and your due inquiry efforts.

Once your injuries have ‘stabilised’ (usually 12–18 months post-crash), you will be assessed for Whole Person Impairment (WPI). If your WPI is assessed at greater than 10%, you may be able to claim additional compensation for pain and suffering.

Once the insurer calculates a total compensation figure, they will make a settlement offer.

If you accept: The claim is finalised, and you receive your lump sum.
If you decline: You do not go straight to court. In NSW, you must first attend mandatory mediation through the Personal Injury Commission (PIC). A mediator will help both sides reach an agreement.
Court: If mediation fails to resolve the dispute, you can commence proceedings in the District or Supreme Court.

Never accept a settlement offer without consulting a lawyer first. We can assess your situation and provide free advice on whether the settlement offer is fair — ensuring you get the payout your injury is worth.

How much compensation can I get in a Nominal Defendant claim?

The amount you receive is based on the severity of your injuries and how they impact your long-term ability to work. Compensation is paid in two stages: immediate statutory benefits (weekly payments) and a final lump-sum settlement.

Stage 1: Statutory benefits

From the moment your claim is accepted, you will receive ongoing support to help with your recovery. These are not part of your final settlement but are paid periodically, like a wage.

Income support: You can receive up to 95% of your pre-injury earnings for the first 13 weeks, dropping to 85% from week 14 onwards.
Medical treatment: The insurer pays for GP visits, surgery, and physiotherapy. In NSW, they usually pay the provider directly, so you aren't out of pocket.
Domestic care: If your injuries prevent you from cleaning, cooking, or personal grooming, the insurer can fund professional help.

If your injuries are classified as threshold, these payments generally stop after 52 weeks. If your injuries are non-threshold, payments can continue for up to two years while you wait for your final settlement.

Stage 2: The lump-sum settlement

Once your injury has stabilised, you’ll undergo a Whole Person Impairment (WPI) assessment. This score determines exactly what you can claim in your final payout.

Your Situation	What You Can Claim
WPI of 10% or less	Economic losses only: * Past lost income. * Loss of future earning capacity.
WPI over 10%	Economic losses (as above), plus: * Pain and suffering. * Loss of enjoyment of life. * Disfigurement. * Reduced life expectancy.

Pain and suffering (also known as non-economic loss) is a lump-sum payment for the physical and emotional toll an injury takes on your life. Unlike medical bills, there is no fixed price on your quality of life, so this compensation is calculated based on the severity of your long-term impairment.

As of 1 October 2025 in NSW, the maximum amount you can receive for pain and suffering is currently $691,000 (Motor Accident Injuries (Indexation) Order (No 2) 2025 [PDF]). This amount is reserved for the most extreme cases, such as catastrophic brain or spinal cord injuries.

While a pain and suffering payout is a significant part of a claim, it is rarely the largest. For many, the bulk of their compensation comes from future loss of earnings. This calculates the earnings you will lose between now and your retirement age (usually 67). For a younger person or a high earner, this portion of the claim often reaches hundreds of thousands of dollars, regardless of the pain and suffering cap.

You can learn more about this in our guide to car accident pain and suffering compensation.

Yes, if your own actions contributed to the accident, your compensation may be reduced. This is called contributory negligence.

The insurer (or court) will assess your share of responsibility and reduce your damages by that percentage. For example, if you’re found 20% at fault, your compensation will usually be reduced by 20%.

Common examples of contributory negligence include:

Not wearing a seatbelt or allowing a passenger to travel without one.
Riding a bicycle or motorbike without a helmet.
Sitting in an unsafe position (such as in the back of a van without proper seating).
Being affected by alcohol or drugs, or knowingly travelling with an intoxicated driver.
Illegally using a mobile phone while driving.

Importantly, contributory negligence does not automatically prevent you from making a claim. It simply means the total amount you receive may be reduced to reflect your share of fault.

Do I need a lawyer for a Nominal Defendant claim?

While you can technically lodge a standard CTP claim yourself, a Nominal Defendant claim is significantly more complex. Because the at-fault driver is missing or uninsured, the insurer will scrutinise your evidence more heavily than usual.

Here is how legal representation changes the outcome of your claim:

Meeting the ‘due inquiry’ test: A lawyer handles the heavy lifting of proving the vehicle can't be found. We coordinate letterbox drops, place the required public notices, and liaise with police to ensure the insurer cannot reject your claim on a technicality.
Choosing the right evidence: Every claim requires different expert evidence, whether from orthopaedic surgeons, psychiatrists, or vocational specialists. That’s why we have a national network of experts ready to support your case. Our lawyers match the right experts to your claim and brief each one independently, so you get the exact type of evidence your claim needs.
Navigating strict timelines: Nominal Defendant claims have rigid deadlines. We ensure your police report is filed within 28 days and your claim is lodged within the three-month window to protect your rights.
Managing your WPI assessment: The difference between a 10% and 11% impairment rating is worth hundreds of thousands of dollars. We ensure you are seen by independent medical experts who understand how to properly document the full extent of your injuries.
Maximising your payout: Compensation is paid as a single settlement, so it’s critical that nothing is overlooked. Your lawyer will carefully calculate your past and future income loss (especially if you have decades of work ahead) and ensure the correct tax treatment is applied. We’ll also use detailed medical evidence and legal submissions to document the full extent of your injury — both physically and mentally — ensuring you get the maximum pain and suffering payout.
Dispute resolution: If the insurer denies liability or unfairly classifies your injury as threshold, we represent you in the Personal Injury Commission to challenge their decision.
Identifying secondary claims: We check if you are eligible for additional payouts, such as Total and Permanent Disability (TPD) through your superannuation, which often goes overlooked in motor accident cases.

Frequently asked questions

If the accident was your fault, you generally don’t lodge a claim through the Nominal Defendant scheme. But since NSW allows no-fault claims, you lodge a claim with your own CTP insurer.

Under the NSW no-fault provisions, you can still access up to 52 weeks of statutory benefits even if you caused the crash. You can learn more about how this works in our complete guide to CTP claims in NSW.

If you have missed the three-month deadline for a Nominal Defendant claim, you aren’t automatically barred from seeking help. However, the law requires you to provide an explanation for the delay, such as:

Medical incapacity: You were physically or mentally unable to manage your affairs due to the severity of your injuries.
Delayed onset of symptoms: Some injuries, particularly internal damage or psychological conditions like PTSD, may not manifest immediately.
Minor status: If the injured person was a child at the time of the accident, the court is generally much more lenient with time limits.
Incorrect information: You were incorrectly advised by an authority or insurer that you weren’t eligible to claim, or you reasonably believed your injuries were covered under a different scheme (like workers compensation).
Waiting for the driver to be found: You spent the initial months performing due inquiry and only lodged the claim once it became clear they could not be identified.

If the insurer rejects your explanation, the dispute is referred to the Personal Injury Commission. This is a critical point where legal representation becomes vital. Our lawyers specialise in drafting explanations to meet the strict legal threshold required to get a late claim back on track.

While individual ‘heads of damage’ like pain and suffering are capped at certain amounts, there is no total limit on Nominal Defendant payouts.

Because the Nominal Defendant is a government-backed safety net, it has the same ‘unlimited’ liability as a private insurer like NRMA or GIO. They are legally required to pay the full amount of compensation you are entitled to under the law.