Working out driver at fault in no-fault motor accident

Current

(1)

This section applies if a person is injured in a no-fault motor accident.

(2)

For the purposes of making a motor accident claim—

(a)

if the motor accident was a single vehicle accident—the driver of the motor vehicle is taken—

(i)

to be the driver at fault; and

(ii)

to have breached their duty of care to the injured person; and

(b)

if the motor accident was a multiple vehicle accident—the driver of the motor vehicle whose act or omission caused the accident is taken—

(i)

to be the driver at fault; and

(ii)

to have breached their duty of care to the injured person.

Example—act or omission causing no-fault multiple vehicle accident a driver has a heart attack and, as a consequence, crashes into other vehicles

Note

Single vehicle accident and multiple vehicle accident—see the dictionary.

Part 5.7 Court proceedings on motor accident claims

Note

The pre-court procedures set out in the Civil Law (Wrongs) Act 2002, ch 5 apply to a motor accident claim under this chapter.

Division 5.7.1 Preliminary

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