Immediate evidence and insurer identification
What if the other driver refuses to provide their details?
Move to safety, record what you can and contact police
Do not argue with or pursue the other driver. If a driver refuses to exchange required particulars, contact NSW Police. If anyone is threatening or the situation is unsafe, call 000. From a safe position, record the registration, vehicle description, location, time, witnesses and any available photographs or dashcam footage. A known registration may allow the relevant CTP insurer to be identified through SIRA CTP Connect even when the driver will not cooperate.
Refusal to provide details does not automatically prevent a personal injury claim. The practical question is whether the vehicle and its CTP insurer can be identified, and whether the accident and injury can be proved with reliable evidence.
If the vehicle leaves before it can be identified, a Nominal Defendant claim may need to be considered. That route has additional due inquiry and search requirements, so evidence collection should start immediately rather than waiting for the insurer to investigate later.
Reviewed by Herman Chan, Stephen Young Lawyers
What information should be recorded?
The most useful fact is often the registration number. Record it exactly, including the State or Territory if visible. Note the make, model, colour, direction of travel, distinctive damage and the precise place where the collision occurred. Do not publish the registration or personal allegations on social media.
Ask independent witnesses for their name and a safe contact method. Save the original dashcam file before it loops over. Nearby businesses, homes, buses or traffic facilities may hold CCTV, but retention periods can be short. A prompt, specific preservation request is more useful than a general request made months later.
When should police be contacted?
NSW Police says police attend and investigate crashes where a person is injured or killed, a party fails to stop and exchange particulars, or intoxication is suspected. Police also advise contacting them when a driver refuses to provide details. If the driver is aggressive or anyone is in danger, use the emergency number.
An event number helps verify the crash but a police record does not itself decide civil fault or the final CTP outcome. The insurer must assess all relevant evidence. If an injury becomes apparent after leaving the scene, obtain treatment and report the injury through the Police Assistance Line as directed by NSW Police.
How can the CTP insurer be identified?
CTP Connect uses the registration of the vehicle believed most at fault to identify the relevant NSW CTP insurer. It is an insurer-identification service, not the claim form. The approved personal injury benefits form still needs to be completed and sent to the insurer.
If a registration is known but the driver name is not, do not delay solely because the driver has not cooperated. If the registration is incomplete, false or unavailable, obtain advice about police records, witness evidence, CCTV and the Nominal Defendant process.
Practical next steps
What should I do next?
Prioritise safety first, then preserve identification and injury evidence in a clear sequence.
Leave immediate danger
Move to a safe place if possible, call emergency services where needed and do not confront or chase the other driver.
Record the vehicle and scene
Note registration, vehicle details, exact location, direction of travel, damage, witnesses and available video or photographs.
Report the refusal to police
Explain that the other driver would not exchange particulars. Keep the event number and record when and how the report was made.
Identify the insurer and lodge the claim
Use CTP Connect where a NSW registration is known, then send the current approved personal injury benefits form to the identified insurer.
Start due inquiry promptly if the vehicle is unknown
Preserve CCTV, witness and registration evidence and obtain advice about the Nominal Defendant requirements rather than assuming the police report completes the search.
Evidence
Evidence checklist
Keep original files and a short chronology showing what happened at the scene and what was done afterwards.
- Registration number, vehicle description and State or Territory of registration.
- Exact location, date, time, direction of travel and a simple scene sketch.
- Original dashcam, CCTV or mobile photographs with unedited metadata where possible.
- Names and contact details of independent witnesses.
- Police event number, report date and any written police correspondence.
- Medical records showing the accident history and when symptoms were first reported.
- CTP Connect result, insurer correspondence and proof of claim lodgement.
- A record of inquiries made to identify an unknown vehicle or driver.
Common problems and exceptions
- Do not put yourself at risk to obtain a licence photograph or driver name. A registration and independent evidence may be more important.
- Do not assume a police event number is the CTP claim. The approved benefits form must be lodged separately.
- Do not rely on social-media requests alone to prove due inquiry and search for an unidentified vehicle.
- A false registration or a vehicle that cannot be identified may require the Nominal Defendant route, which should be assessed urgently.
- Ordinary vehicle damage remains separate from the CTP personal injury claim.
Timing
Claim and reporting time limits
A refusal at the scene is a reason to act promptly, not a reason to postpone the claim.
- The current scheme generally requires a statutory benefits claim within three months of the accident.
- Lodgement within 28 days is important for weekly payments to be payable from the day after the accident. A late claim requires an explanation and may affect backdating.
- The crash is generally to be reported to police within 28 days unless police attended. A failure to exchange particulars is itself a reason to contact police promptly.
- Nominal Defendant and due inquiry questions are time-sensitive because video, witnesses and vehicle-identification evidence can disappear.
Frequently asked questions
- Can I claim if I only obtained the registration number?
- Potentially. A registration can identify the CTP insurer through CTP Connect. The insurer will still need evidence of the accident, injury and involvement of the vehicle.
- Should I photograph the other driver?
- Do not escalate the situation or compromise safety. Vehicle registration, scene evidence, witnesses and police reporting are usually the safer priorities.
- What if the other driver gave false details?
- Report the suspected false particulars to NSW Police and preserve the registration, photographs, witnesses and any recording. The insurer-identification or Nominal Defendant route then depends on what can be verified.
- Does the police report prove the other driver was at fault?
- No. Police material can be important evidence, but the CTP insurer makes its own liability decision using the full accident record.
- What if the vehicle drove away before I saw the plate?
- An unidentified-vehicle Nominal Defendant claim may be possible, but due inquiry and search must be addressed with evidence. Seek advice promptly and preserve CCTV and witness material.
- Can a passenger make the report and CTP claim?
- A passenger who is injured can lodge a personal injury claim. The accident evidence should identify the vehicles involved and the vehicle believed most at fault.
Related NSW CTP guides
Official sources
- Road Rules 2014 (NSW), current in-force version
- NSW Police: crash reporting FAQs
- Service NSW: report a traffic crash with NSW Police
- SIRA CTP Connect: identify the relevant NSW CTP insurer
- SIRA Motor Accident Guidelines Part 4: claims
The legislation and guidance linked above are the public-source basis for this page. The result in an individual claim depends on the accident date, the current law, the insurer decision and the available evidence.
Vehicle not properly identified?
Get the insurer and evidence route checked early
Send the registration information, police event number and any insurer letter. We can identify whether the matter should proceed to a CTP insurer or through the Nominal Defendant process.
General information only: This page is about the NSW motor accidents scheme and is not legal advice. It does not promise claim acceptance, payment or damages. Time limits and the correct insurer or scheme depend on the individual facts.