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s 235

Power of insurer to act for insured

In force
Chapter 5Motor accident injuries—common law damages
Part 5.1Preliminary

235 Power of insurer to act for insured

(1)

If a motor accident claim is made against an insured person, the person’s insurer—

(a)

must carry out the negotiations and legal proceedings related to the motor accident claim; and

(b)

may compromise or settle the motor accident claim and legal proceedings related to the motor accident claim; and

(c)

may act for the insured person in any other way for the motor accident claim.

(2)

The insured person must sign any documents necessary to give effect to this section and, if the insured person does not sign or is dead, absent or cannot be found, the insurer may sign for the insured person.

(3)

Nothing said or done by an insurer in relation to a motor accident claim, or legal proceedings related to a motor accident claim, is an admission of liability in, or otherwise prejudices or affects, another claim or proceedings arising out of the same circumstances.

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Section 235 — Power of insurer to act for insured — Motor Accident Injuries Act 2019 (Australian Capital Territory) — Barrister AI