34Claim against Nominal Defendant where vehicle not identified

#### 34 Claim against Nominal Defendant where vehicle not identified 34 Claim against Nominal Defendant where vehicle not identified (cf s 28 MAA) > > (1) An action for the recovery of damages in respect of the death of or injury to a person caused by the fault of the owner or driver of a motor vehicle in the use or operation of the vehicle on a road in New South Wales may, if the identity of the vehicle cannot be established, be brought against the Nominal Defendant. > > > (1AA) A claim cannot be made against the Nominal Defendant under this section unless due inquiry and search has been made to establish the identity of the motor vehicle concerned. > > > (1A) If the motor accident resulting in the death of or injury to a person occurred on land that is a road related area within the meaning of section 4 (1) of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) because it is an area that is open to or used by the public for driving, riding or parking vehicles, there is no right of action against the Nominal Defendant under this section if at the time of the motor accident the person was a trespasser on the land. > > > (2) The inquiry or search may be proved orally or by affidavit of the person who made the inquiry or search. > > > (3) In respect of any such action, the Nominal Defendant is liable as if it were the owner or driver of the motor vehicle. > > **s 34:** Am 2006 No 17, Sch 1 \[16\]; 2007 No 95, Sch 1 \[2\] \[3\]; 2013 No 19, Sch 4.45 \[7\].