Victorian Current Acts Victorian Current Acts(1) If the death of or bodily injury to any person is caused by or arises out of the use of a motor car but the identity of the motor car cannot be established, any person who could have obtained a judgment against the owner or driver of the motor car in respect of the death or bodily injury may obtain against the Incorporated Nominal Defendant the judgment which in the circumstances he or she could have obtained against the owner or driver of the motor car but no such judgment may be obtained unless—
(a) the person within a reasonable
time after he or she knew that the identity of the motor car could not be
established gave to the Incorporated Nominal Defendant notice in writing of
intention to make the claim setting out his or her full name and place of
abode, the date and place of the accident, the
general nature of the injuries
received and a short statement of the circumstances of the accident; or
(b) the claimant satisfies the court before which the claim is tried that the Incorporated Nominal Defendant has not been materially prejudiced in its defence to the claim by any failure by the claimant to give the notice at the proper time or by any omission from or any insufficiency or defect in the notice.
(2) The Incorporated Nominal Defendant is not liable to satisfy any judgment obtained against it but the judgment and the costs of the Incorporated Nominal Defendant must be paid by authorized insurers at the date of the occurrence out of which the claim arose in proportions determined by the Minister.