The existence of an opportunity to record the at-fault vehicle's details at the scene is not determinative of whether 'due inquiry and search' has been made under s 34(1AA) of the Motor Accidents Compensation Act 1999 (NSW). Where a claimant's injuries, shock and pain are sufficiently severe to disable them from directing their mind to obtaining the vehicle's details, the inquiry may still be 'due' even though the claimant was conscious and capable of making telephone calls for assistance. Telephone calls directed to obtaining help are qualitatively different from conduct such as attending a business appointment, and do not demonstrate capacity to record vehicle details.
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