MOTOR ACCIDENTS ACT 1988 - As at 23 September 2020 - Act 102 of 1988
- As at 23 September 2020
- Act 102 of 1988
Table of Provisions
PART 1 - PRELIMINARY
PART 2 - RESTORATION OF COMMON LAW RIGHTS
- 5 Repeal of the Transport Accidents Compensation Act 1987 No 101
- 6 Restoration of common law rights
- 7 Application of Part 6 (Awarding of damages) from 1 July 1987
PART 3 - (Repealed)
None
PART 4 - REHABILITATION
- 34A Objects--Part 4
- 34B Application of Part
- 35 Definitions
36. (Repealed)
- 37 Provision of rehabilitation services
- 38 Rehabilitation services to be provided promptly
- 39 Mitigation of damages
PART 4A - PAYMENTS TO HOSPITALS ETC
PART 5 - CLAIMS AND COURT PROCEEDINGS TO ENFORCE CLAIMS
Division 1 - Preliminary
Division 2 - Claims and other matters preliminary to court proceedings
- 42 Accident must be reported within 28 days
- 42A Authority's access to police information
- 43 Time for and notice of making of claims
- 43A Late making of claims
- 44 Form of notice of claim
- 44A Other approved forms
- 44B Challenging claims for failure to comply with sec 44 or 44A
- 45 Duty of insurer to try to resolve claim etc
- 46 Insured not to admit liability etc
- 47 Power of insurer to act for insured
- 47A Power of insurer to intervene in legal proceedings
Division 3 - Duties of co-operation
- 48 Duty of claimant to co-operate with other party
- 49 Medical etc examination of claimant
- 50 Duty of owner and driver to co-operate with insurer
- 50A Provision of information to facilitate settlement of claim before commencing court proceedings
Division 4 - Court proceedings on claims
- 51 Forum for court proceedings
- 52 Time limitations on commencement of court proceedings
- 53 Presumption of agency
- 54 Proceedings against insurer if insured dead or unable to be served
- 55 Proof of inability to serve process etc
56. (Repealed)
Division 5 - (Repealed)
None
Division 6 - Miscellaneous
- 64A Licensed insurers to deter fraudulent claims
- 65 False claims
- 66 Remedy available where claim fraudulent
- 66A Joinder of insurer where false claim alleged
67. (Repealed)
PART 6 - AWARDING OF DAMAGES
- 68 Definitions
- 68A Objects--Part 6
- 69 Application
- 70 General regulation of court awards
- 70A Claimant's prospects of future economic loss
- 71 Discount rate applicable to certain awards of damages
- 72 Maximum amount of damages for provision of certain home care services
- 72A Respite care
- 73 Payment of interest
- 74 Contributory negligence--generally
75. (Repealed)
- 76 Defence of voluntary assumption of risk
77. (Repealed)
- 78 Determination of economic loss
- 79 Determination of non-economic loss--accidents occurring before midnight on 26.9.95
- 79A Determination of non-economic loss--accidents occurring after midnight on 26.9.95
- 80 Indexation of amounts relating to non-economic loss
- 80A Regulations concerning the determination of non-economic loss
- 81 Structured settlements
- 81A Exemplary or punitive damages
- 82 Court to apportion damages etc
- 82A Costs
PARTS 7, 8 - (Repealed)
None
PART 9 - MISCELLANEOUS
- 132 No contracting out of Act
132A. (Repealed)
- 133 Service of documents
- 134 Offences by corporations
- 135 Proceedings for offences
- 136 Regulations
- 137 Savings, transitional and other provisions
PART 10 - FUNDING AND ADMINISTRATION OF PREVIOUS SCHEMES
- 138 Definitions
- 139 Continuation of the TAC Fund
- 140 Payments into TAC Fund
- 141 Payments out of TAC Fund
- 142 Investment
- 143 Payment of damages out of TAC Fund
- 144 Reassessment of benefits under 1987 Act
- 145 Entitlement to claim under this Act of recipient of benefits under the 1987 Act
- 145A Claims in respect of certain intermediate transport accidents
- 145B Contribution from other insurers in respect of intermediate transport accident claims
- 146 Provisions applicable to claims concerning intermediate transport accidents
- 146A Privileged information and records
- 147 Deduction of benefits provided under the 1987 Act
- 147A Right of recovery from certain persons
- 147B Administration of claims under previous schemes
- 148 Payment of short-fall levy at time of registration of motor vehicle
- 149 Payment of short-fall levies to Self Insurance Corporation
- 150 Determination by Minister of short-fall levy
Schedule 3 (Repealed)
