(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:
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.
(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,
(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: