Uninsured vehicle CTP claims in NSW
If you were injured and discover the at-fault vehicle was uninsured, the claim pathway can change. In some situations, a Nominal Defendant pathway may apply.
General information only. The correct pathway depends on the circumstances.
1) Nominal Defendant pathway (high level)
The Nominal Defendant may respond to certain uninsured vehicle claims. Evidence and deadlines can be important.
Read: Nominal Defendant explained.
Frequently asked questions
- What is an uninsured vehicle claim in NSW CTP?
- It refers to a situation where the at-fault vehicle is uninsured for CTP purposes. A Nominal Defendant pathway may apply in some circumstances, subject to eligibility rules.
- Is uninsured the same as unidentified?
- No. Unidentified usually means the vehicle/driver cannot be identified. Uninsured generally means the vehicle is identified but not insured as required. Different requirements can apply.
- Do I still need to prove fault?
- In many cases you still need to establish liability and causation. The correct test depends on the type of benefit or claim.
- Can the claim be disputed?
- Yes. Disputes can arise about eligibility, liability, causation, benefits, and medical issues. Some disputes may be determined through the PIC pathway depending on the decision type.
- What should I do if I think the vehicle is uninsured?
- Get advice early, preserve evidence, and confirm the correct insurer/pathway. Deadlines and procedural steps can matter.