The increasing number of illegal e-bikes and e-scooters on our roads and footpaths, often ridden by unlicenced children and adults, is concerning. What if you are injured as a passenger on an illegal e-bike or hit by an e-bike on a road or footpath?
Compensation entitlements do exist under current Queensland laws.
Most people are aware that if they are injured in a motor vehicle accident, the at-fault driver’s insurer will cover their compensation. In Queensland, this is usually true because all registered vehicles must carry Compulsory Third Party (CTP) insurance.
However, accidents sometimes involve vehicles that are unregistered, uninsured, or unidentified. Queensland law provides a mechanism for compensation through the Nominal Defendant.
If the e-bike in question is legally classified as a “motor vehicle”, then the Nominal Defendant will effectively stand in place of a CTP insurer in the event of an accident.
To be classified as a motor vehicle, relevant factors include the power output of the e-bike, its maximum speed and whether it is primarily pedal-powered, or throttle powered.
Conversely, low powered e-bikes and mobility devices may be covered by the owner’s standard home and contents insurance.
Below we explain how Nominal Defendant claims work and the important time limits that apply.
Nominal Defendant Claims
The Nominal Defendant is a statutory body established under the Motor Accident Insurance Act 1994 (Qld).
Its role is to stand in the place of a CTP insurer when:
- The vehicle that caused the accident was uninsured or unregistered (such as an electric bike), or
- The identity of the vehicle cannot be established (for example, a hit-and-run accident).
In these situations, the Nominal Defendant effectively acts as the insurer for the purpose of compensating injured people.
A Nominal Defendant claim generally allows injured people to pursue the same categories of damages available in standard CTP claims, including:
- Medical and rehabilitation expenses
- Loss of income and loss of future earning capacity
- Care and assistance
- Pain and suffering
- Other accident-related losses
The claim process is similar to a standard CTP claim, although additional proof requirements often apply, particularly when the vehicle cannot be identified.
A police report should be lodged as soon as possible, especially if injuries are sustained in the accident.
Strict time limits apply to Nominal Defendant claims. Missing these deadlines can prevent a claim entirely.
- A Notice of Accident Claim Form must be given within 3 months of the accident, or
- Within 1 month after first consulting a lawyer about the claim (whichever is earlier).
The overall limitation period for starting court proceedings is typically 3 years from the date of the accident.
For unidentified vehicle claims, the injured person must show that reasonable efforts were made to identify the vehicle.
Evidence may include:
- Police reports
- Witness statements
- CCTV or dash-cam footage
- Accident scene photographs
Because of these requirements, it is important to seek legal advice early after an accident involving an unidentified vehicle.
If you’ve been injured, get a free claim review now.