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MOTOR VEHICLES ACT 1959 - SECT 113

MOTOR VEHICLES ACT 1959 - SECT 113

113—Liability of insurer where the insured is dead or cannot be found

        (1)         Where—

            (a)         death or bodily injury has been caused by, or has arisen out of the use of, an insured motor vehicle, but any person insured under a policy of insurance in respect of the vehicle who is wholly or partly liable for the death or bodily injury is dead or cannot be served with process; and

            (b)         a person who could have obtained a judgment in respect of that death or bodily injury against the insured person if the person were living or had been served with process, has given notice of a claim under this section and a short statement of the grounds of the claim as soon as possible after ascertaining that the insured person was dead or could not be found, or within such time as would prevent the possibility of the insurer being prejudiced by want of such notice,

the person who could have so recovered judgment against the insured person may recover the amount of that judgment by action against the insurer.

        (2)         Without limiting the scope of subsection (1), it is declared that a right of action against the insurer under that subsection in a case where the insured person is dead exists and has existed since the enactment of that subsection notwithstanding that the claimant has or had a right of action against the estate of the deceased person under the Survival of Causes of Action Act 1940 or any other law.