New South Wales Consolidated Acts

MOTOR VEHICLES (THIRD PARTY INSURANCE) ACT 1942 - SECT 20

20 Duties of owner and driver

(1) Where the death of or bodily injury to any person is caused by or arises out of the use of a motor vehicle (not being a motor vehicle in respect of which persons are exempted by or under this Act from the provisions of section 7 (1)) the following provisions shall have effect:

(a) The owner shall, as soon as practicable after the occurrence which resulted in such death or bodily injury, or, if the owner was not then driving the motor vehicle, as soon as practicable after the owner became aware of the occurrence, give a notification in writing of the occurrence with particulars as to the date, nature and circumstances thereof, to the Government Insurance Office.

(b) If at the time of the occurrence the person driving the motor vehicle (in this section hereinafter referred to as the "driver") was not the owner of the motor vehicle, the driver shall as soon as practicable give a notification in writing:

(i) to the owner of the motor vehicle, or

(ii) to the Government Insurance Office,

being a notification of the occurrence with particulars as to the date, nature and circumstances thereof.

(c) The owner and the driver, or either of them, shall give such information, in addition to the information referred to in paragraphs (a) and (b), and shall take such steps as the Government Insurance Office may reasonably require, whether or not any claim has been made in respect of such death or bodily injury.

(d) Neither the owner nor the driver shall, without the consent in writing of the Government Insurance Office, make any offer, promise, payment or settlement or any admission of liability in respect of such death or bodily injury.

(e) Where the motor vehicle is an insured motor vehicle:

(i) the owner or the driver, as the case may be, shall forthwith give to the Government Insurance Office a notification in writing of every notice of intention to make a claim given to and of every claim made or action brought against the owner or driver, as the case may be, in respect of such death or bodily injury,

(ii) the owner shall, where the owner becomes aware that notice of intention to make a claim has been given to, or a claim has been made or an action brought against the driver in respect of such death or bodily injury, forthwith give to the Government Insurance Office a notification in writing thereof,

(iii) neither the owner nor the driver shall, without the consent in writing of the Government Insurance Office, enter upon or incur the expense of litigation in respect of any liability against which the owner or driver is insured under the third-party policy.

(2) It shall be a sufficient compliance with any requirement of subsection (1) as to the giving of a notification by the owner or the driver if the notification is given by some person on the owner’s or driver’s behalf.

(3) A notification given under this section shall not be subject to discovery and shall not be admissible in evidence in any proceedings (whether or not for an offence against this or any other Act) except proceedings for failure to comply with or observe the requirements of this section.

(4) This section shall not apply in any case where:

(a) the person suffering the death or bodily injury was the owner of the motor vehicle, and

(b) the motor vehicle was at the time of the occurrence being driven by such owner.