The law requires that all drivers involved in a road accident exchange details. If a driver refuses to or fails to provide their required particulars (such as name, address and details of the vehicle owner) you can call the police. Police will attend the scene in these circumstances even if it is not a major road accident.
Even if you didn’t get another party’s personal and insurance details after the accident, you still have grounds to claim against the at-fault party for any damage to your vehicle or injuries you suffered.
If you are unable to identify the driver of the at-fault vehicle that caused the accident, you can make a claim for personal injuries under the Compulsory Third Party insurance scheme by lodging a claim against the 'Nominal Defendant'. However, in order to do this you must be able to prove that you took reasonable efforts to identify the driver of the at-fault vehicle.
The Nominal Defendant is a statutory provision for people to claim CTP insurance where:
See also: Car accident injury compensation
In order to make a claim for property damage against the at-fault party, you will need to be able to identify them. If a person refuses to give you their name and address or if they give you false information you may be able to obtain the driver’s contact details or the name of the driver’s insurer from the Department of Transport if you have the vehicle’s registration number.
If you suspect that another driver involved in the accident has provided you with false details you should call the police on 131 444. The police will make further inquiries and investigate the matter if required.
It’s important to get advice for your specific situation. Check if you can make a risk-free compensation claim and get free initial advice from our Principal lawyer, Greg Smith.
Find out your legal rights if you have been injured in a car accident in Queensland. Plain English advice from our experts.
If you've been involved in a car accident with an unlicensed driver then the claims process may be more complex. Free info to secure your rights.