(1) This section applies to a claimant if it is established that, for the
purpose of obtaining a financial benefit, the claimant did or omitted to do
anything (including the making of a statement) concerning a motor accident or
any claim relating to a motor accident with knowledge that the doing of the
thing or the omission to do the thing was false or misleading.
(a) a person who has a liability in respect of
a payment, settlement, compromise or judgment relating to the claim is
relieved from that liability to the extent of the financial benefit so
obtained by the claimant, and
(b) a person who has paid an amount to the
claimant in connection with the claim (whether under a settlement, compromise
or judgment, or otherwise) is entitled to recover from the claimant the amount
of the financial benefit so obtained by the claimant and any costs incurred in
connection with the claims.
