MOTOR VEHICLES ACT 1959 - SECT 110
MOTOR VEHICLES ACT 1959 - SECT 110
110—Liability of insurer to pay for emergency treatment
(i)
a legally qualified medical practitioner or registered
nurse renders emergency treatment in respect of bodily injury (including fatal
injury) to a person caused by or arising out of the use of an
insured motor vehicle; or
(ii)
the person so injured is immediately after the injury
conveyed in any vehicle; and
(b)
within one month after the occurrence out of which the death or bodily injury
arose, the medical practitioner, nurse or person who conveyed the injured
person gives notice in writing of a claim under this section to the insurer in
relation to the motor vehicle,
the insurer must make such of the following payments as are applicable to the
case:
(c) to
the medical practitioner—the prescribed fee for each person to whom
emergency treatment is rendered together with any travelling expenses
reasonably and necessarily incurred in respect of that emergency treatment;
and
(d) to
the nurse—the prescribed fee for all emergency treatment rendered by the
nurse to the person or persons injured in the accident together with any
travelling expenses reasonably and necessarily incurred by the nurse in
respect of that emergency treatment (which sum will, if emergency treatment is
rendered to two or more persons, be taken to have been paid on behalf of all
those persons in equal shares); and
(e) to
any person who conveyed the injured person as mentioned in
paragraph (a)—an amount to be ascertained in accordance with the
regulations.
(2) Where
bodily injury (including fatal injury) is caused by or arises out of the use
of two or more motor vehicles insured by different insurers, each insurer must
pay an equal share of the payments required to be made under
subsection (1).
(3) The liability (if
any)—
(a) of
the owner or driver of the motor vehicle, or of a passenger in or on the
vehicle, in respect of the death or bodily injury; and
(b) of
the insurer to the owner, driver or passenger in respect of the contract of
insurance; and
(c) of
the injured person or the person's personal representatives to the person to
whom a payment is made under this section,
is reduced by the amount paid by the insurer under this section.
(4) In this
section—
"emergency treatment" means such medical or surgical treatment or examination
by a legally qualified medical practitioner or a registered nurse as is
immediately required as the result of injury referred to in
subsection (1).
(6) A sum payable
under this section is recoverable as if it were a simple contract debt due
from the insurer to the person entitled to that sum.
(7) The Commissioner
of Police must, if so requested by a person who alleges entitlement to a
payment under this section, furnish that person with any information at the
Commissioner's disposal as to—
(a) the
identification marks of any motor vehicle that the person alleges to be a
motor vehicle out of the use of which the death or bodily injury arose; and
(b) the
identity and address of the person who was using the vehicle at the time of
the event out of which the death or bodily injury arose.
(8) A person who was
using a motor vehicle at the time when death or bodily injury was caused by or
arose from such use must, upon the request of any person who alleges
entitlement to payment under this section, furnish the person with the name
and address of the insurer in relation to that vehicle at the time of the
death or injury.
Maximum penalty: $250.