MOTOR VEHICLE (THIRD PARTY INSURANCE) ACT 1943 - SECT 10

MOTOR VEHICLE (THIRD PARTY INSURANCE) ACT 1943 - SECT 10

10 .         Duties of owner or insured person

        (1)         Upon the happening of any accident which results in the death of or causes bodily injury to any person and is directly caused by, or by the driving of, an insured or an uninsured motor vehicle, the driver and the person in charge thereof shall give written notice forthwith to the Commission and such notice (which notice shall not be subject to discovery or admissible in evidence in any proceedings except proceedings for an offence under this section) shall set forth the following information with as full particulars as the driver and the person in charge of the vehicle as aforesaid is or are able to give —

            (a)         the fact of the accident;

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

            (c)         the circumstances of the accident;

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

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

        (2)         When neither the driver nor the person in charge of the motor vehicle is the owner of the motor vehicle concerned the owner thereof shall give a like notice immediately upon the accident coming to his knowledge.

        (3)         An insured person and the owner and the driver of an uninsured motor vehicle, immediately upon any claim being made upon him in respect of an accident, shall give notice of the claim to the Commission and supply to the Commission such particulars of the claim as it requires.

        (4)         If any person fails to comply with any requirement of subsection (1) or subsection (3) he shall be guilty of an offence.

        Penalty: $20.

        (5)         An insured person and the owner and the driver of an uninsured motor vehicle shall not, without the consent in writing of the Commission —

            (a)         enter upon or incur any expense in any litigation;

            (b)         make any offer or promise of payment or settlement;

            (c)         make any payment or settlement; or

            (d)         make any admission of liability

                in respect of which the Commission is, or may become, liable under the provisions of this Act but this provision shall not prevent any person truthfully answering any questions reasonably asked of him.

        (6)         The Commission shall be entitled to recover from any person who has failed to comply with any provision of this section, or, if 2 or more persons have so failed, from them jointly and severally, all moneys paid and costs incurred by the Commission in relation to any claim arising out of the accident in respect of which such failure has occurred.

        [Section 10 amended: No. 31 of 1948 s. 12; No. 36 of 1954 s. 5; No. 95 of 1966 s. 21; No. 44 of 1971 s. 4; No. 51 of 1986 s. 46(2); No. 107 of 1987 s. 9; No. 13 of 1994 s. 8.]