New South Wales Consolidated Acts

MOTOR ACCIDENTS ACT 1988 - SECT 54

54 Proceedings against insurer if insured dead or unable to be served

(1) If a person against whom a claim can be made is dead or cannot be served with process, the claimant and a person claiming contribution or indemnity between joint tortfeasors may:

(a) take proceedings in respect of the claim against the person’s insurer, and

(b) recover in those proceedings an amount for which the claimant or the person claiming contribution or indemnity could have obtained a judgement against the insured person.

(2) The fact that a person cannot be served with process shall not be regarded as having been proved unless it is established that all reasonable inquiries have been made in an effort to effect service.