NSW CTP Nominal Defendant guide
due inquiry and search
This page is for an injured person who has received a letter from a CTP insurer asking them to proceed with, or provide evidence of, due inquiry and search. In practical terms, the insurer is asking what has been done to identify the vehicle alleged to have caused the accident and whether the unidentified-vehicle or Nominal Defendant pathway is properly available.
General information only. The correct response depends on the accident facts, the insurer letter, the claim type and any review deadline in the correspondence.
Quick answer
Do not treat the letter as a routine request. Prepare a dated search log, attach evidence of the steps taken, explain any unavailable evidence, and respond to the insurer by the stated date if one is given. If the insurer says the search is deficient, ask for the written reasons and the specific steps the insurer says remain outstanding before accepting that the Nominal Defendant pathway has failed.
What the insurer letter usually means
A due inquiry and search letter usually appears in a claim where the at-fault vehicle has not been identified. This often happens after a hit-and-run, a no-contact swerve, an incomplete registration, or a crash where a witness saw a vehicle but no reliable insurer details are available.
The issue sits beside, but is separate from, the rest of the CTP claim. Even if due inquiry and search is accepted, the insurer may still assess fault, causation, treatment, weekly payments, threshold injury, permanent impairment or damages separately. Statutory benefits do not automatically create a damages entitlement.
CTP deals with personal injury and death caused by a motor accident. It does not cover ordinary vehicle repairs or property damage. Those losses usually need to be dealt with through property damage insurance or another recovery pathway.
What to send back to the insurer
A useful response is more than a statement that you tried to find the vehicle. It should show the insurer what was done, when it was done, what each step found, and why any missing information cannot presently be obtained.
- the insurer letter and claim number
- police event number, report details and any police follow-up
- witness names, contact attempts and notes of what each witness could identify
- CCTV or dashcam requests to nearby businesses, homes, buses, taxis, rideshare vehicles, councils or strata managers
- partial registration, make, model, colour, direction of travel and accident-location notes
- emails, screenshots, call notes and dated search-log entries, including negative responses
- an explanation for any delay or any search step that was not possible
If a step is impossible, say why. For example, a camera may have overwritten footage, a business may have closed, a witness may not respond, or the police may have no further identifying information. Negative results can still help if they are documented.
What steps may count as a reasonable search?
There is no single checklist that fits every accident. The question is usually whether the steps were sensible and timely in the circumstances. A pedestrian hit near shops, a cyclist doored in a street with parked vehicles, a motorway no-contact swerve and a rural kangaroo-avoidance crash will not have identical search options.
Search steps
Police report, witnesses, nearby CCTV, dashcam, vehicle description, partial registration, traffic or council camera enquiries, tow/repair leads and written requests to places likely to hold footage.
Record keeping
Date every step. Keep copies of requests and replies. Save screenshots. Record unavailable evidence and why it could not be obtained. A search log is often easier to assess than memory months later.
SIRA uses the spelling "due enquiry and search" in some public material. The Act and many insurer letters use "due inquiry and search". The practical issue is the same: proving reasonable attempts to identify the vehicle.
If the insurer says your search is deficient
SIRA claims-handling guidance says that, where the insurer alleges the requirement has not been met, the insurer should give written reasons, identify the deficiency and explain how the requirement could be satisfied. That is why the exact wording of the letter matters.
- separate what the insurer accepts from what it says is missing
- respond to each alleged deficiency one by one
- attach documents rather than only giving a narrative
- ask for clarification if the insurer asks for an impossible or unclear step
- get advice before accepting a rejection or missing a review deadline
A dispute about whether due inquiry and search has been made can be a Personal Injury Commission miscellaneous claims assessment issue. Whether an internal review or other step is required first depends on the decision and the statutory pathway, so check the actual letter rather than assuming every Nominal Defendant issue follows the same process.
Time limits and claim pathway warnings
Due inquiry and search letters are often time-sensitive because the issue can affect whether the Nominal Defendant pathway is accepted. Do not wait until CCTV is overwritten, witnesses disappear or a review deadline passes.
For post-1 December 2017 NSW motor accidents, statutory benefits, weekly-payment timing, damages claims, late explanations, internal review and PIC steps can each have different timing rules. If the at-fault vehicle is unidentified or uninsured, SIRA guidance also refers to early Nominal Defendant claim timing for statutory benefits. Older accidents may be under a different scheme.
If the accident happened while you were working, a separate workers compensation claim may also be required. CTP and workers compensation claims may need to be coordinated rather than treated as mutually exclusive.
Official sources to check
Frequently asked questions
- Why did the insurer send me a due inquiry and search letter?
- The letter usually means the insurer is managing a Nominal Defendant or unidentified-vehicle issue and wants proof of the steps taken to identify the vehicle alleged to have caused the accident. It does not necessarily mean your claim is rejected, but it should be treated as important and time-sensitive.
- What does due inquiry and search mean?
- It means practical, reasonable attempts to identify the relevant vehicle. The steps depend on the facts. Examples can include police reporting, witness follow-up, CCTV or dashcam enquiries, partial registration checks, nearby business or resident enquiries, and keeping a dated record of every attempt.
- Is due inquiry and search the same as proving my injuries?
- No. Due inquiry and search is about identifying the vehicle or explaining why it cannot be identified. You still need separate medical, causation, work-capacity, treatment, and damages evidence if those issues are in dispute.
- What if the insurer says my search was not enough?
- Ask for the written reasons, identify each alleged deficiency, and respond with evidence or an explanation. SIRA guidance says the insurer should tell the injured person the deficiency and how the requirement could be satisfied. If a formal decision has been made, review and PIC pathways may need urgent advice.
- Can the Personal Injury Commission decide a due inquiry and search dispute?
- Due inquiry and search questions can be a miscellaneous claims assessment matter in the Personal Injury Commission for post-1 December 2017 NSW motor accident claims. The correct pathway depends on the decision letter, review requirements and the exact issue in dispute.
- Can I ignore the letter if I already told police everything I know?
- No. Police reporting is important, but it may not be the whole search. You should usually respond to the insurer with a dated search log, police event details, witness and footage enquiries, and an explanation of any steps that could not be completed.