MOTOR VEHICLES ACT 1959 - SECT 124

MOTOR VEHICLES ACT 1959 - SECT 124

124—Duty to cooperate with insurer

        (1)         Where an accident caused by, or arising out of the use of, a motor vehicle results in the death of, or bodily injury to, any person, written notice must be given as soon as practicable to the person who is the insurer under a policy of insurance in respect of the vehicle stating in detail—

            (a)         the fact of the accident; and

            (b)         the time and place at which it occurred; and

            (c)         the circumstances of the accident; and

            (ca)         the name, date of birth and address of the driver of the motor vehicle at the time of the accident; and

            (d)         the name and address of any person killed or injured in the accident; and

            (e)         the names and addresses of any witnesses of the accident.

        (2)         Where notice is not given as required by subsection (1), the owner, the person in charge, and the driver, of the motor vehicle at the time of the accident are each guilty of an offence.

Maximum penalty: $1 250 or imprisonment for 3 months.

        (3)         It is a defence to a prosecution under subsection (2)—

            (a)         that the defendant did not know of the accident, or gave the requisite notice as soon as practicable after the accident came to the defendant's knowledge; or

            (b)         that the defendant believed upon reasonable grounds that the requisite notice had been given; or

            (c)         if the defendant has not given notice of a particular detail as required by subsection (1)—that the defendant, having made reasonable inquiries, complied with the requirements of subsection (1) to the best of the defendant's knowledge, information and belief.

        (3a)         A person who at the time of an accident of a kind referred to in subsection (1) was the owner, the person in charge, or the driver, of the motor vehicle must co-operate fully with the insurer in respect of a claim made in respect of the accident.

Maximum penalty: $5 000.

        (3b)         The duty to co-operate under subsection (3a) will include, in the case of the owner, a duty to give the insurer access to the vehicle, and, if required, possession of the vehicle, or part of the vehicle, on reasonable terms and conditions.

        (4)         Where a claim is made upon an insured person in respect of an accident of a kind referred to in subsection (1), the insured person must as soon as practicable give notice of the claim to the insurer and furnish the insurer with such information in relation to the claim as the insurer may reasonably require.

Maximum penalty: $750.

        (5)         The insurer may, by notice in writing, require—

            (a)         the driver of the motor vehicle at the time of the accident to produce the licence or permit in pursuance of which the driver was driving the motor vehicle, for the inspection of the insurer; or

            (b)         the owner of the motor vehicle at the time of the accident to produce prescribed documents relating to the motor vehicle, for the inspection of the insurer,

and if a person of whom such a requirement has been duly made fails to comply with the requirement the person is guilty of an offence.

Maximum penalty: $750.

        (6)         A person must not give any notice or information under this section that is, to the person's knowledge, false or misleading in any material particular.

Maximum penalty: $50 000 or imprisonment for one year.

        (6a)         Where a claim is made in respect of an accident of a kind referred to in subsection (1), a person must not give the insurer, or someone known by the person to be engaged by the insurer in connection with the claim, any information that the person knows is material to the claim and is false or misleading.

Maximum penalty: $50 000 or imprisonment for one year.

        (6b)         If—

            (a)         an amount has been paid to the claimant in connection with a claim in respect of an accident of a kind referred to in subsection (1); and

            (b)         the claimant has been found guilty of an offence against subsection (6) or (6a) in connection with the claim,

the person who made the payment is entitled to recover from the claimant the amount of any financial benefit that the claimant gained from the commission of the offence together with any amount that the court considers appropriate in respect of costs incurred in connection with the claim.

        (7)         A notice or information given under this section is privileged from production or disclosure in any legal proceedings except proceedings under this Part.