(a) the
motor accident was caused wholly or mostly by the fault of the person, or
(b)
the person's only injuries resulting from the motor accident were threshold
injuries.
(2) A motor accident was caused mostly by the fault of a person if
the contributory negligence of the person in relation to the motor accident
(as referred to in section 3.38) was greater than 61%.
Note : Section 3.38
provides for a reduction of statutory benefits after 52 weeks for contributory
negligence of the person not mostly at fault.