s 253

Repayment of defined benefits if person receives damages independently of Act

In force

(1)

This section applies if a person—

(a)

is injured in a motor accident; and

(b)

receives defined benefits in relation to the injury; and

(c)

obtains a judgment or agreement for damages independently of this Act (the independent damages) in relation to the injury.

(2)

The relevant insurer for the motor accident is entitled to recover from the person the lesser of—

(a)

the amount of defined benefits received by the person; and

(b)

the amount of the independent damages.

Note The injured person’s entitlement to defined benefits ends when the judgment is entered or agreement for damages is made (see s 51).

Part 5.6 No-fault motor accidents

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