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MOTOR VEHICLES ACT 1959 - SECT 124AB

MOTOR VEHICLES ACT 1959 - SECT 124AB

124AB—Recovery of an excess in certain cases

        (1)         Where an insured person incurs a liability against which the insured person is insured under this Part and the liability arises out of an accident which was to the extent of more than 25 per cent the fault of the insured person, the insurer may recover from the insured person as a debt—

            (a)         if the money paid and costs incurred by the insurer in respect of the liability do not exceed the prescribed amount

                  (i)         the amount of that money paid and costs incurred; or

                  (ii)         if the amount to be recovered from the insured person is received within 1 month following a first request for payment—95% of the amount of that money paid and costs incurred; and

            (b)         if the money paid and costs incurred by the insurer exceed the prescribed amount

                  (i)         the prescribed amount; or

                  (ii)         if the amount to be recovered from the insured person is received within 1 month following a first request for payment—95% of the prescribed amount.

        (2)         The insurer is not entitled to recover an amount under subsection (1) if the insurer exercises any other right of recovery against the insured person under this Part.

        (3)         For the purposes of this section, the "prescribed amount" is $460.

        (4)         The amount prescribed by subsection (3) will be indexed so that it is adjusted on 1 January of each year, beginning on 1 January 2012, by multiplying the stated amount by a proportion obtained by dividing the CPI for the September quarter of the immediately preceding year by the CPI for the September quarter 2010 (with the amount so adjusted being rounded up to the nearest multiple of $10).

        (5)         A reference in this section to the prescribed amount in connection with costs incurred and money paid by the insurer in respect of a liability arising out of an accident is a reference to the prescribed amount for the year in which the accident occurred (having regard to any adjustment made to the prescribed amount as required under subsection (4)).