It’s been a decade since registration stickers were removed from windscreens in Queensland. While this change saved money and streamlined processes, it has also left some owners and drivers vulnerable to the serious consequences of forgetting to renew their registration. You could be personally liable for compensation payable to people injured in an accident! On the other hand, if you’re injured in a car accident caused by an unregistered vehicle, here’s what you need to know about bringing a claim and the role of the Nominal Defendant, explains Attwood Marshall Lawyers’ Compensation Law Senior Associate, Tina Davis.
Life-changing accidents involving unregistered vehicles are an all-too-common tragedy on Queensland roads; we see them frequently on the news. Take, for example, the devastating accident in Queensland last year, where the driver of an unregistered vehicle caused an accident involving five people, leaving two dead and the others with serious injuries.
While some drivers intentionally choose to not register their cars, others claim the removal of registration stickers in 2014 has made it easier to forget renewal dates. This oversight can lead to unregistered vehicles on the road, resulting in a rise of uninsured claims and placing an increasing burden on Queensland’s Nominal Defendant scheme.
Although the Motor Accident Insurance Commission (MAIC) says that the number of motor vehicles registered in Queensland has continued to increase in line with population growth, statistics from the MAIC also reveal that since the abolishment of registration stickers, that there has been an increase in uninsured claims against the Nominal Defendant.
Prior to 2014, registration stickers were easily visible on the windscreen and were a clear reminder for motorists as to when registration was due. Removing registration stickers saved the government millions of dollars in production and postage costs and brought Queensland into line with the rest of Australia.
Registration includes not only the vehicle’s license fees, traffic improvement fees, number plates (if you do not have personalised plates) and vehicle registration duty, but it also includes compulsory third party (CTP) insurance, which many people are unaware of.
Driving an unregistered vehicle is more than just a legal traffic offence – it exposes the driver (and the owner) to significant financial liability, especially if people are injured in an accident that is the fault of the driver – this includes passengers in the unregistered car, pedestrians, and the occupants of other vehicles involved. Sometimes, in an accident involving several vehicles, people with multiple severe injuries can be involved which could mean a total personal liability of the driver at fault for millions of dollars in compensation. While the claims would be dealt with by the Nominal Defendant under the CTP scheme, the Nominal Defendant has the right to recover those damages form the driver of the unregistered vehicle! Someone could lose their home and potentially all their assets if faced with that scenario. The lesson is: pay your rego on time!
Without the big reminder on the windscreen, Queensland drivers have been at real risk of costly fines, penalties, and potentially being held liable for damages if found to be at fault for an accident, and causing injury to other motorists.
CTP Insurance
When a vehicle is registered, a component of that registration includes CTP insurance. CTP insurance provides cover for anyone who may be injured or fatally injured in a motor vehicle accident caused by the covered vehicle (though CTP insurance does not cover property damage). To make a CTP claim, you must be able to identify the vehicle that caused the accident and its registration details.
In cases involving an unidentified or unregistered vehicle, the Nominal Defendant will take on the role of the CTP insurer. The Nominal Defendant also has the right to recover all debt incurred as a result of the accident, from the owner or driver (or both) of the uninsured or unregistered vehicle (Section 60(1) of the Motor Accident Insurance Act 1994). The debt can include the compensation paid in settlement of any personal injuries claim which could be astronomic. Not reviewing registration could be a potentially crippling mistake that could cost you everything you own. For a case where the Nominal Defendant successfully recovered over $770,000 from the owner/driver of an unregistered motorbike, see Nominal Defendant v Buchan [2011] QSC 364.
Staying on top of registration
To avoid the pitfalls of driving an unregistered vehicle, motorists should:
- Check their status regularly: Perform a search for registration status anytime online or via the free Queensland Registration Check Mobile App. A search for vehicle registration can be conducted for motor vehicles, caravans, trailers and marine vessels registered in Queensland.
- Opt into reminders: Sign up for e-notices and e-reminders to receive electronic notices and reminders for licensing, registration, and vehicle services from Queensland Transport Department.
Strict time limits apply when claiming against the Nominal Defendant – 9 months in QLD!
If you’re injured in an accident caused by an unregistered vehicle, you may need to lodge a claim against the Nominal Defendant.
Be aware of Queensland’s strict time limits. Before lodging a claim, it is critical to do everything possible to identify the at-fault vehicle. If you are unable to identify the vehicle, you must lodge a claim within three months of the accident.
If there is a solid reason that the three-month time limit could not be met, a late claim may still be possible (up to nine months from the accident) if you can provide a valid explanation for the delay.
If notice is not given to the Nominal Defendant within 9 months after the date of the motor vehicle accident, the claim against the Nominal Defendant is statute barred, thereby preventing any action for damages for personal injury arising from the accident.
Attwood Marshall Lawyers – helping injured motorists receive the treatment and compensation they deserve
At Attwood Marshall Lawyers, we know the devastating impact of motor vehicle accidents. Our experienced compensation lawyers are here to guide you through the claims process, and ensure you get the treatment you need.
It is easy to underestimate your injuries at the time of the accident and dismiss the impact they may have on your future. To protect your best interests, it is important to get trusted legal advice at the earliest opportunity and ensure you adhere to the strict time limitations that apply in motor vehicle accident claims.
Our experienced compensation lawyers can help you understand your rights and explain the steps to take to get your claim underway.
For a free claim review, contact our Compensation Law Department Manager, Tyra Hall on direct line 07 5506 8261, email thall@attwoodmarshall.com.au or free call our 24/7 phone line on 1800 621 071.
Our team are available for appointments at any of our conveniently located offices at Coolangatta, Southport, Robina Town Centre, Kingscliff, Brisbane, Sydney and Melbourne.
