Who do you sue when you have no one to sue?

By Tina Ibraheem

In Drzyzaga v Nominal Defendant [2012] QDC 323, the Plaintiff was injured after he was forced to swerve in order to avoid a vehicle which had inappropriately pulled up in front of him causing him to run on to a nearby traffic island. The vehicle that inappropriately pulled up in front of him immediately left the scene and was, therefore, unknown.

The Plaintiff was still able to make a claim for compensation for the injuries he sustained through a statutory body called The Nominal Defendant.

The Nominal Defendant was established by the Government to compensate victims (like the Plaintiff in this case) in the place of a driver’s insurer, if the actual driver who caused the accident cannot be identified, or is uninsured.

In this case, the Plaintiff was awarded $111,663.24 in compensation.

To see the full judgment, click here.

If you have any questions in relation to the above or want to talk to a lawyer about a possible claim you may have, please don’t hesitate to contact us.