MOTOR VEHICLE (THIRD PARTY INSURANCE) ACT 1943 - SECT 3FA

MOTOR VEHICLE (THIRD PARTY INSURANCE) ACT 1943 - SECT 3FA

3FA .         Restrictions on damages to be part of the substantive law

        (1)         In this section —

        restrictive provisions means sections 3A to 3F.

        (2)         To remove doubt it is declared that if the substantive law of Western Australia is to govern a claim for damages in respect of bodily injury to a person directly caused by, or by the driving of, a motor vehicle, the restrictive provisions are part of that substantive law and are to be applied accordingly by the court that determines the claim (including a court of another jurisdiction).

        (3)         This subsection applies if —

            (a)         a court (including a court of another jurisdiction) awards damages to a person in respect of bodily injury to a person directly caused by, or by the driving of, a motor vehicle; and

            (b)         the award does not conform with the restrictive provisions.

        (4)         If subsection (3) applies, the person against whom the award is made is not required to pay the damages awarded to the extent that the award is contrary to the restrictive provisions.

        (5)         If subsection (3) applies and the person against whom the award is made has paid as damages an amount in excess of the amount that would have been payable if the award had conformed with the restrictive provisions, that person is entitled to recover the excess as a debt from the person to whom the payment is made.

        [Section 3FA inserted: No. 8 of 2016 s. 46.]