In Queensland there is an insurance scheme that protects people injured in motor vehicle accidents where the persons injured were not the total cause of the motor vehicle accident. This scheme is known as the compulsory third party (CTP) scheme.
When dealing with compensation for motor vehicle accidents in Queensland, there are two aspects that you must prove to successfully bring a claim.
The First aspect is with respect to liability or negligence and the second is with respect to the injuries sustained by the negligence and the damages or compensation that flows from that.
If you are unable to prove negligence / liability then you do not recover any damages / compensation for your injury. This means that if the motor vehicle accident was your own fault, you cannot pursue a negligence claim as the accident was your own fault.
It is an unfortunate reality, but altogether not uncommon, that motor accidents occur in circumstances where the offending vehicle fails to remain on the scene.
If you have been in an accident where you are unable to identify the vehicle responsible, you are still able to bring a claim for any personal injury that you have suffered. In these circumstances there is a State Government insurance fund which is managed by the Government Department known as the “Nominal Defendant” that acts as a compulsory third party insurer of unregistered and/or unidentified vehicles.