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MOTOR VEHICLES ACT 1959 - SECT 127B

MOTOR VEHICLES ACT 1959 - SECT 127B

127B—Liability of insurer to pay treatment, care and support costs

        (1)         In this section—

"treatment, care and support needs" of a person are the person's needs for or in connection with any of the following:

            (a)         medical treatment (including pharmaceuticals);

            (b)         dental treatment;

            (c)         rehabilitation;

            (d)         ambulance transportation;

            (e)         aids and appliances;

            (f)         prostheses;

            (g)         such other kinds of treatment, care, support or services as may be prescribed by the regulations.

        (2)         Subject to this section, if—

            (a)         a person who has not attained the age of 16 years suffers bodily injury caused by or arising out of the use of a motor vehicle; and

            (b)         the incident to which the bodily injury is attributable occurs in South Australia,

then the insurer is liable to pay all the necessary and reasonable expenses with respect to the treatment, care and support needs of the person (including after the person attains the age of 16 years) that are attributable to that bodily injury.

        (3)         This section applies whether or not a liability at common law exists against the owner of the relevant motor vehicle or other person on account of the occurrence of the bodily injury (but any award of damages must take into account the extent to which an entitlement arises under this section).

        (4)         This section does not apply in relation to a participant in the Scheme under the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013 .

        (5)         Section 127A will apply to any services under this section insofar as they are prescribed services under that section.

        (6)         If a person suffered the bodily injury as a result of or partly as a result of the fault of another person (the wrongdoer), the insurer is entitled to recover from the wrongdoer as a debt due to the insurer such proportion of the present value of the insurer's treatment, care and support liabilities in respect of the person's bodily injury as corresponds to the wrongdoer's share in the responsibility for the injury.

        (7)         The present value of the insurer's treatment, care and support liabilities in respect of a bodily injury is the sum of the following amounts:

            (a)         amounts already paid by the insurer under this section in respect of the treatment, care and support needs associated with the bodily injury; and

            (b)         the present value of the amounts that the insurer estimates will be payable by the insurer in the future under this section in respect of the treatment, care and support needs associated with the bodily injury.