Motor Accident Injuries Act 2019

This section applies if—

a personal injury is caused by a motor accident; and

the motor vehicle involved in the motor accident is an unidentified motor vehicle; and

the motor accident happened in the ACT.

The nominal defendant is liable in relation to the personal injury as if—

an MAI policy were in force for the motor vehicle; and

the nominal defendant were the MAI insurer for the MAI policy.

However, the nominal defendant is not liable in relation to the personal injury if, at the time the motor accident happened—

the land on which the motor accident happened was an area that was not a road but was open to or used by the public for driving, riding or parking vehicles; and

the person injured was a trespasser on the land.

Note 1 The area described in par (a) is a road related area (see dict, def road related area, par (a) (iv)).

Note 2 The nominal defendant is also not liable for the risks mentioned in s 293.

Part 6.9 Nominal defendant fund