MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 38
Multiple insurers
MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 38
Multiple insurers
38 Multiple insurers
(1) If 2 or more motor vehicles are involved in a motor vehicle accident in
circumstances in which 2 or more insurers may be liable on a claim arising out
of the accident, 1 of the insurers (the
"claim manager" ) is to act for all the insurers under this division and
divisions 4 , 5 , 5A , 6 and 9 .
(2) The claim manager is to be decided by
agreement between the insurers within 2 months of the day when notice of the
claim was first given under this division or, if agreement is not reached
within the period, the claim manager is to be decided under the industry deed.
(3) Until it is decided under subsection (2) who the claim manager is to be,
the insurer to which notice of claim is first given under this division is the
claim manager.
(a) may exercise the powers and
perform the functions conferred by this division and divisions 4 , 5 , 5A , 6
and 9 in relation to the claim and the claimant for all insurers liable, or
potentially liable, on the claim; and
(b) must act as far as practicable with
the agreement of the other insurers; and
(c) is entitled to contributions
from the other insurers on the basis prescribed by the industry deed for
expenditure properly incurred as claim manager, and for amounts awarded or
paid out on the claim.
(5) The claim manager and the other insurers must
cooperate with each other and must provide each other with information in
their possession relevant to the claim.
(6) If the Nominal Defendant is 1 of
2 or more insurers who may be liable on a claim because a motor vehicle that
can not be identified was involved in the accident, another insurer may act
for the Nominal Defendant under this section only if the Nominal Defendant
agrees in writing.
