MOTOR ACCIDENTS COMPENSATION ACT 1999 - SECT 21 Recovery of an excess in certain cases

MOTOR ACCIDENTS COMPENSATION ACT 1999 - SECT 21

21 Recovery of an excess in certain cases

(cf s 23 MAA)

(1) If an insured person incurs a liability against which he or she is insured under a third-party policy and the liability arises out of a motor accident which was to the extent of more than 25% the fault of the insured person, the licensed insurer may recover from the insured person as a debt in a court of competent jurisdiction--

(a) where the money paid and costs incurred by the licensed insurer in respect of the liability do not exceed $500--the amount of the money paid and costs incurred, or

(b) where the money paid and costs incurred by the licensed insurer exceed $500--$500.

(2) The licensed insurer is not entitled to recover an amount under this section if the licensed insurer exercises any other right of recovery against the insured person under section 20.