New South Wales Consolidated Acts

MOTOR VEHICLES (THIRD PARTY INSURANCE) ACT 1942 - SECT 14

14 Making of claims-identified motor vehicles

(1) Every claim for damages in respect of the death of or bodily injury to any person caused by or arising out of the use of a motor vehicle, the identity of which is established and which, at the time the circumstances resulting in the death or bodily injury occurred, was:

(a) in the case of an insured motor vehicle, being used in any place, whether within New South Wales or otherwise, or

(b) in the case of an uninsured motor vehicle, being used on any public street in New South Wales,

being a claim which, but for this section, could be made against the owner or driver of the motor vehicle, shall be made against the Government Insurance Office and any proceedings to enforce any such claim for damages shall be taken against the Government Insurance Office and not against the owner or driver of the motor vehicle.

(2) A claim referred to in subsection (1) may be made and proceedings so referred to may be taken notwithstanding that the owner or driver of the motor vehicle is dead or cannot be found or is the spouse of the person whose death or to whom bodily injury has been caused.

(3) In respect of a claim referred to in subsection (1), the Government Insurance Office shall, except as provided by section 14D, be liable as if it were the owner or driver of the motor vehicle in relation to which the claim is made.

(4) Where, in relation to the death of or bodily injury to any person caused by or arising out of the use of a motor vehicle, a claim lies against an insurer, otherwise than under a third-party policy, nothing in this section or section 14D limits or otherwise affects the making of any such claim or prevents the recovery of any contribution by the Government Insurance Office as the insurer under the third-party policy from any other insurer.

(5) Nothing in this section affects the liability of a driver referred to in section 17.

(6) Subsection (1) (as inserted by the Motor Vehicles (Third Party Insurance) Amendment Act 1984 ) does not apply, and is taken never to have applied, to a claim for damages in respect of the death of or bodily injury to an employee if:

(a) the death or injury arises out of or in the course of the employment of the employee, and

(b) the claim is made by or in relation to the employee and against the employer (in the capacity of employer).

Subsection (4) extends to a claim to which this subsection applies.

(7) Subsection (6) (and the amendment made to section 35A by the Motor Vehicles (Third Party Insurance) Amendment Act 1993 ):

(a) do not affect the order made by the Court of Appeal in Nikolovsky v GIO and Anor of 11 September 1992 or any other order of a court made before the commencement of subsection (6), and

(b) do not prevent the continuation of any pending proceedings, namely, proceedings brought (but not finally disposed of) before the commencement of subsection (6).

Proceedings against the employer (as referred to in subsection (6)) may be brought instead of, or in addition to, any such pending proceedings against the Government Insurance Office, despite any restriction in the Limitation Act 1969 .