New South Wales Consolidated Acts

MOTOR ACCIDENTS ACT 1988 - SECT 39C

39C Right of action against insured person by hospital etc

(1) Where liability at law is incurred in respect of the death of or injury to a person caused by a motor accident, a person referred to in section 39B (1) (a)-(e) to whom a licensed insurer or the Nominal Defendant may be required to make a payment under that section, may, in the name of the injured or dead person and on notice being given in accordance with section 39E, recover the amount of the payment by way of damages:

(a) from the person who, at the time of the occurrence out of which the liability arose, was the owner of the motor vehicle, or

(b) where at the time of the occurrence some other person was driving the vehicle, from the owner and the driver jointly or from either of them severally, or

(c) in the case of an uninsured or unidentified motor vehicle, from the Nominal Defendant.

(2) No action under this section for the recovery of any amount shall be commenced:

(a) in any case where the licensed insurer or the Nominal Defendant has made a payment (whether or not with an admission of liability) in respect of the death or injury, or

(b) in any case where, in respect of the death or injury, proceedings have been taken for compensation under the Workers Compensation Acts, or for the recovery of damages, and those proceedings have not been dismissed or discontinued, or

(c) in any case, at least until 6 months after the occurrence out of which the death or injury arose.

(3) Where:

(a) action has been taken under this section, and

(b) before the action has been completed proceedings are commenced by any other person in respect of the death or injury for compensation under the Workers Compensation Acts or for the recovery of damages,

the action shall be stayed pending completion of the proceedings.

(4) If:

(a) as a result of the proceedings compensation is paid, or

(b) payment is made under section 39B,

the action shall abate.

(5) Any payment by a licensed insurer or the Nominal Defendant in settlement of any claim made or in satisfaction of any judgment recovered under this section shall be made direct to the claimant.