When is due inquiry & search reasonable?

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.