MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 52 Insurer to be joint or sole defendant

MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 52

52 Insurer to be joint or sole defendant

(1) If an action is brought in a court for damages for personal injury arising out of a motor vehicle accident, the action must be brought against the insured person and the insurer as joint defendants.

(2) However, an action may be brought against the insurer alone if—

(a) the insured person can not be identified; or

(b) the insured person is dead or it is impracticable to serve the insured person.

(3) If a claim lies against 2 or more insurers, all insurers become defendants to the action, but the claim manager continues to represent all insurers in the action unless the court gives leave allowing 1 or more of the insurers to be separately represented.

(4) If judgment is given in favour of the claimant on the claim related to personal injury, the judgment must be given against the insurer and not the insured person (unless the judgment is a judgment for exemplary or punitive damages), and, if the action involves other claims (unrelated to the personal injury), a separate judgment must be given on the other claims.

(5) It is not a defence to an action under this section for the insurer to prove—

(a) that the CTP insurance policy was obtained by fraud, or a material misstatement or non-disclosure; or

(b) that the insured person is in breach of a contractual or statutory obligation.

(6) If legal process related to a proceeding based on a claim is served on the insurer, the insured person is also taken to have been served.

(7) If a claim lies against 2 or more insurers, and legal process related to a proceeding based on the claim is served on the claim manager, all insurers are taken to have been served.