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Glossary / Motor vehicle accidents

Nominal defendant

All statesMotor vehicle accidents

The body that answers a motor accident claim where the vehicle at fault was unidentified or uninsured.

If the driver at fault cannot be identified, for example after a hit and run, or the vehicle was unregistered, the claim is made against the nominal defendant, a statutory body in each state that stands in for the missing insurer. Strict notice requirements apply, and a claimant must show they made proper enquiries to identify the vehicle.