If you’ve been in a car accident in Queensland and don’t have the other driver’s details, you can still make a claim. You may be able to identify the driver using a registration plate or vehicle description, or claim through Queensland’s Nominal Defendant scheme. Strict time limits apply, so acting quickly is essential.
This guide covers:
- What to do after the accident
- How to identify the other driver
- Your CTP claim options
- Key deadlines to be aware of
Can I still claim without the other driver’s details?
Yes. Queensland's CTP scheme has pathways for situations where the other driver is unknown or has fled the scene.
Key considerations:
- A registration plate alone is often enough to identify the other driver and their CTP insurer
- While the police may not be required to attend the scene of the accident, you must report the accident and get a QP reference number
- If the driver cannot be identified, you have just 3 months to lodge a Nominal Defendant claim (not the standard 9 months)
- You do not need the other driver's name or insurance details to start the process
Timeline:
- 3 months from the accident date for unidentified vehicle claims (Nominal Defendant).
- 9 months for standard CTP claims where the driver can be identified.
Who this applies to:
Drivers, passengers, pedestrians, motorcyclists and cyclists injured in a road accident within Queensland where the other driver's details are missing.
Understanding Your Options When Details Are Missing
In Queensland, not having the other driver's details doesn’t leave you without options. The steps you take depend on how much information you were able to collect.
Here’s an overview:
You have some details (partial plate, vehicle description)
If you noted a registration plate, even a partial one, there is a good chance the other driver can be traced. Queensland has official tools and processes specifically designed to help identify vehicles and their CTP insurers from limited information.
You have no details at all
If the other driver left the scene before you could collect any information, you’re in hit-and-run territory. In these cases, the police will investigate. If the driver still cannot be found, the Nominal Defendant scheme exists to ensure you are not left without a pathway to make a claim.
What is the Nominal Defendant scheme?
The Nominal Defendant is a scheme established under the Motor Accident Insurance Act 1994 (Qld), which handles CTP claims where the at-fault vehicle cannot be identified or was uninsured. It is funded by a levy within every CTP insurance premium.
In 2024-25, the Nominal Defendant incurred $53.8 million in gross claims, covering both unidentified and uninsured vehicle claims, an increase of $10.9 million from the previous year.
What to Do: Step by Step
1. If you are still at the scene, collect everything you can
Write down or photograph as much as you can about the other vehicle. Even small details help.
- Registration plate (even a partial number is valuable)
- Vehicle make, model and colour
- Photos of the scene, damage to vehicles, skid marks and road conditions
- Dashcam footage from your vehicle or nearby cars
- Witness details, including names and phone numbers
- Location details such as the street name, nearest intersection and any landmarks
- Time and date of the accident
Queensland Police provides a printable crash information card you can keep in your glovebox for situations like this.
2. Report the accident to Queensland Police
This is essential whether or not anyone was injured. A police report creates the official record of the accident, which you will need for any claim.
Call 000 if anyone is injured. For all other accidents, contact:
- Policelink: 131 444
- Online: QPS Traffic Crash Report Form
- In person: at any Queensland police station
Under section 92 of the Transport Operations (Road Use Management) Act 1995 (Qld), drivers involved in a crash are legally required to stop, remain at the scene, and exchange their name, address and registration number.
Failing to stop after a crash involving injury is a serious offence. Under section 93, the crash must also be reported to police if anyone was injured, details were not exchanged, or a vehicle required towing.
You will receive a QP reference number. Keep this safe as it is required for any CTP claim.
3. Try to identify the other driver using partial information
If you have a registration plate:
Use the MAIC CTP Insurer Search Tool to find which CTP insurer covers the vehicle. You will need the plate number and the date of the accident.
You can also apply to TMR for the registered owner's details by completing Form F3522 (Release of Information Request). You will need to include a statutory declaration describing the accident and a copy of the police traffic incident report. A fee applies.
If you only have a partial plate or vehicle description:
Queensland Police can search their systems using partial registration details combined with a vehicle description. Provide them with every detail you have, regardless of how insignificant it may seem.
If the vehicle may have been registered interstate:
Contact the relevant interstate CTP authority. MAIC maintains a list of interstate CTP authorities on its website.
4. See a doctor and document your injuries
Even if your injuries seem minor, see a doctor as soon as possible. Some injuries do not present symptoms immediately. A medical record that links your injuries to the accident is important if you need to make a claim at a later date.
5. Lodge your claim
If the other driver can be identified: Lodge a standard CTP claim with their insurer. You can do this through the Queensland CTP Claim Portal. The deadline is 9 months from the accident, or 1 month after first consulting a solicitor, whichever is earlier.
If the other driver cannot be identified: Lodge a claim with the Nominal Defendant. The deadline is 3 months from the accident. You must show that you took appropriate steps to identify the vehicle, such as reporting it to the police and carrying out reasonable searches with the means available to you.
Common Scenarios and Questions
What should I do if I only have a vehicle’s registration plate?
A registration plate is usually enough to identify the other driver. Use the MAIC CTP Insurer Search Tool to find their insurer. You can also apply to TMR for the registered owner's details. In most cases, a registration plate is all you need to move forward with a standard CTP claim.
What should I do if someone hits my parked car and drives off?
Report it to the police and check if there’s CCTV or dashcam footage. Nearby businesses may have security cameras covering the area. Other parked cars may have dashcams with parking mode. Even partial footage showing a vehicle description can help police trace the driver.
What should I do if a driver gives fake details after an accident?
Report this to the police immediately. Providing false details after a crash is an offence under the Transport Operations (Road Use Management) Act 1995 (Qld) and carries criminal penalties. Police can investigate and attempt to trace the real identity of the driver. If they still can’t be found, you may need to lodge a claim with the Nominal Defendant.
What should I do if I can’t get the other driver’s details due to my injuries?
Paramedics and police who attend the scene will typically collect information about the vehicles involved. Request the police report and QP reference number as soon as you are able. Family members or hospital social workers can also help with this process while you recover.
What can I do if I still can’t identify the other driver weeks after an accident?
Act quickly. If you have exhausted all reasonable attempts to identify the other driver, you should seek legal advice about lodging a Nominal Defendant claim. The 3-month deadline from the accident date is firm, and it is much shorter than the standard 9-month CTP deadline. Many people miss this deadline because they do not realise the timeframe is different.
What should I do if we stopped after an accident but forgot to exchange details?
Use any details you remember to trace the other driver. Even a partial registration plate, the vehicle's make and colour, or the suburb where the accident happened can help the police narrow it down.
If you reported the accident to the police at the time, the other driver may have reported it too, and the police can cross-reference the reports.
When To Be Extra Cautious
Act immediately if any of these apply to you:
- You are approaching the 3-month deadline from the date of your accident and have not been able to identify the other driver
- You lodged a police report, but have not followed up on the investigation
- You have partial details (registration plate, vehicle description), but have not used the MAIC or TMR tools to trace the driver
- You assumed you had 9 months to lodge, but the other driver may actually be unidentifiable (which means you only have 3 months)
- Your injuries are getting worse, but you have not seen a doctor or have medical records related to the accident
Common mistakes to avoid:
- Waiting too long to report to the police. The sooner you report, the more likely it is that evidence (CCTV, witness memory, physical evidence) is still available.
- Not using the MAIC insurer search tool. Many people assume they need the driver's name. They do not. A registration plate and accident date are often enough.
- Assuming the standard 9-month deadline applies. If the other driver cannot be identified, the Nominal Defendant deadline is just 3 months.
- Not collecting witness details at the scene. Witnesses may be impossible to find later.
When to Get Legal Advice
Consider speaking with a solicitor if:
- You cannot identify the other driver despite your best efforts and the 3-month Nominal Defendant deadline is approaching.
- The other driver gave false details and the police have been unable to trace them.
- You have serious or ongoing injuries and are unsure how to proceed.
- Multiple vehicles were involved and one or more drivers left the scene.
- You are unsure whether your situation qualifies for the Nominal Defendant scheme.
Early advice can help you understand what steps to take within the relevant time limits.
Key Takeaways
- A registration plate is often all you need. Use the MAIC CTP Insurer Search Tool and TMR's release of information process to trace the other driver from a registration plate alone.
- Report to the police immediately. A QP reference number is required for any CTP claim, and early reporting preserves evidence.
- The 3-month deadline is critical. If the other driver cannot be identified, you have just 3 months to lodge a Nominal Defendant claim, not the standard 9 months.
- Not having details does not mean you cannot claim. The Nominal Defendant scheme exists specifically for situations where the at-fault driver is unidentified or uninsured.
- Act quickly and document everything. Evidence degrades fast. Photos, dashcam footage, witness details and medical records all strengthen your position.
Get Help Now
If you’ve been in an accident and are finding it hard to identify the other driver, have been given false information, or are unsure about the qualifying requirements for the Nominal Defendant scheme, we suggest seeking legal advice from our team of experts.
Contact Smith's Lawyers today:
- Call 1800 960 482 for a free, no-obligation consultation about your situation
- No upfront costs: We operate on a No Win, No Fee, No Catch® basis; you only pay if we secure compensation for you
- Or request a call back: Use the form below to have our experienced team contact you at a time that’s convenient for you
Our team can assess your situation and explain the options available to you, leaving you with a clear path forward.
This information is designed for general information in relation to Queensland compensation law. It does not constitute legal advice. Smith's Lawyers strongly recommends you seek professional advice before taking any action based on this information.
