What is the Nominal Defendant in a Car Accident Claim?

Filing a claim against the Nominal Defendant shouldn’t affect the amount of compensation you receive. Compulsory Third Party (CTP) insurers act as the financial backing for the Nominal Defendant. This means that if your claim is successful, you’ll still be entitled to the full amount of compensation you deserve, just as if you were suing a regular driver’s insurance company.

In NSW, the Nominal Defendant is funded by contributions from all CTP insurers operating in the state, managed under the Motor Accidents Compensation Act. Therefore, if you are pursuing a claim in NSW through the Nominal Defendant, you can expect the process to mirror that of claiming against a regular CTP insurer, with the same potential for full compensation based on the severity of your injuries and associated losses.

Similarly, under the ACT Insurance Authority, the Office of the Nominal Defendant of the ACT provides a safety mechanism for third-party personal injury claims where involved vehicles lack compulsory third-party (CTP) insurance, or when at-fault drivers and vehicles cannot be identified. It ensures equal compensation entitlements to those available under CTP insurance and seeks to recover funds from at-fault uninsured drivers. The fund is sustained through levies from CTP insurers and both Commonwealth and ACT government contributions.