Peter Hunt
Consultant
CTP Insurance, Insurance
When is Due Inquiry & Search Reasonable?
15 September, 2025
In Brief
- Pursuant to s 2.30(2) of the Motor Accident Injuries Act 2017 (MAIA), a claim cannot be made against the Nominal Defendant, in respect of injury caused by an unidentified vehicle, unless the Claimant has conducted due inquiry and search into the identity of the offending vehicle.
- What constitutes reasonable due inquiry and search depends upon the circumstances.
- Due inquiry and search must be thorough and must be conducted promptly.
Facts
The Personal Injury Commission (PIC) published its decision in Palmer v Allianz Australia Insurance Limited [2025] NSWPIC 440 on 12 September 2025.
On 27 November 2024, the Claimant was involved in a motor accident whilst driving to work. She was stationary in traffic when another vehicle collided with the rear of her vehicle, pushing it into the vehicle ahead.
The three drivers exited their vehicles in order to examine the vehicle damage and exchange contact details. Given, however, that the accident occurred on a busy road, during the morning rush hour, the Claimant suggested that they all return to their vehicles and drive into a nearby TAFE car park. The car park was only some 30 metres further down the road.
The Claimant and the driver of the vehicle she was pushed into both drove into the car park, but the at-fault driver drove away.
The Claimant proceeded to exchange details with the innocent party. She then drove straight to Burwood Police Station to report the accident.
The Claimant made a claim against the Nominal Defendant because she could not identify the vehicle she alleged to be at fault.
The Nominal Defendant, however, denied liability on the grounds that the Claimant had failed to conduct due inquiry and search into the identify of the offending vehicle, as required by s 2.30(2) of MAIA. The Nominal Defendant alleged that the Claimant had the opportunity to record the details of the offending vehicle, at the scene, but failed to do so.
The Member’s Decision
The Member found that the Claimant had discharged her obligation to conduct due inquiry and search for the following reasons:
- The Court of Appeal’s decision in Nominal Defendant v Meakes [2012] NSWCA 66 establishes that “what is reasonable depends on the circumstances and must be prompt and thorough as the circumstances permit”.
- Given the accident occurred on a single lane roadway in heavy traffic, during the morning rush hour, it was reasonable for the Claimant to suggest that the parties drive to a nearby carpark to exchange details
- The Claimant had no reason to assume that the offending driver would abscond, given that he had agreed to re-convene in the nearby carpark.
- There was evidence that the front number plate had fallen off in the collision and the offending driver had picked it up. If that is correct, the Claimant was not able to take a photograph of that number plate.
- The Claimant report the accident to the police within hours of the accident occurring and liaised with the police, over the following weeks, in the hope that some CCTV might help to identify the offending vehicle.
- Furthermore, the Claimant had scouted the area around the accident site to look for cameras and had joined a Facebook group and posted about the accident.
Why This Case is Important
The Insurer’s reliance on Nominal Defendant v Meakes was well placed given that both the claimant in Meakes and the claimant in this dispute had an opportunity, at the scene, to record the registration number of the vehicle but did not do so.
In Meakes, the Claimant was a partner in a law firm. He was crossing a busy city intersection on a marked pedestrian crossing when he was run down by a vehicle in the kerbside lane. The driver jumped out of the vehicle and spoke to the Claimant. The Claimant, however, was in a rush to attend a meeting so he left the scene without first taking down the details of the vehicle which struck him.
Contrary to the typical hit and run accident, the Claimant got hit and he was the one to run.
The Court of Appeal accepted in Meakes that the Claimant had not conducted due inquiry and search. He knew he was injured, at the scene, but his injuries did not prevent him from opening the brief case he was carrying, retrieve a pen and a piece of paper and write down the number of the vehicle which was still stationary next to him. The driver, after all, was co-operating and made no attempt to abscond.
The Court of Appeal’s decision in Meakes, however, accepted that every case is different and what is reasonable depends on the prevailing circumstances of the case.
In this dispute, the PIC Member accepted that the Claimant acted reasonably by moving the conversation to the nearby carpark – in order to allow the motorists on the busy single-lane road to get on with their days – and that the offending driver’s subsequent decision to flee the scene was something she could not have anticipated.
If you would like to discuss this case note, please don’t hesitate to get in touch with CTP Practice Group Leader Peter Hunt today.
