MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 60
Nominal Defendant’s rights of recourse for uninsured vehicles
MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 60
Nominal Defendant’s rights of recourse for uninsured vehicles
60 Nominal Defendant’s rights of recourse for uninsured vehicles
(1) If personal injury arises out of a motor vehicle accident involving an
uninsured vehicle, the Nominal Defendant may recover, as a debt, from the
owner or driver of the vehicle (or both) any costs reasonably incurred by the
Nominal Defendant on a claim for the personal injury.
(2) It is a defence to
an action by the Nominal Defendant under this section—
(a) as far as
recovery is sought against the owner—for the owner to prove—
(i) that the
motor vehicle was driven without the owner’s authority; or
(ii) that the
owner believed on reasonable grounds that the motor vehicle was insured; and
(b) as far as recovery is sought against the driver—for the driver to prove
that the driver believed on reasonable grounds that the driver had the
owner’s consent to drive the motor vehicle and that the motor vehicle was
insured.
(3) The Nominal Defendant may bring a proceeding for recovery of
costs under this section before the costs have been actually paid in full and,
in that case, a judgment for recovery of costs may provide that, as far as the
costs have not been actually paid, the right to recover the costs is
contingent on payment.
(4) This section does not affect rights of recovery
that the Nominal Defendant may have, apart from this section, against the
insured person.
