New South Wales Consolidated Acts

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MOTOR ACCIDENTS ACT 1988

- As at 4 April 2017
- Act 102 of 1988

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   2AA.    Motor Accidents Compensation Act 1999
   2A.     Objects of Act
   2B.     Interpretation and application of Act by reference to objects
   3.      Definitions
   3A.     Execution etc of certain agreement
   3B.     Special provision for trailers
   3C.     Special provision for tow trucks
   3D.     Parts 4, 5 and 6 not to apply to coal miner work injury claim resulting from uninsured off-road accident
   4.      Act to bind Crown

   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   PART 3 - (Repealed)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     (Repealed)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

   39AA.   Application of Part
   39A.    Definitions
   39B.    Payments in respect of certain matters
   39C.    Right of action against insured person by hospital etc
   39D.    Payments by licensed insurer or Nominal Defendant
   39E.    Notice of claims

   PART 5 - CLAIMS AND COURT PROCEEDINGS TO ENFORCE CLAIMS

           Division 1 - Preliminary

   40.     Definitions
   40A.    Objects-Part 5
   41.     Application of Part

           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)
           SCHEDULE 4
           SCHEDULE 5


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