Motor Accident Injuries Act 2019

This section applies if—

personal injury is caused by a motor accident involving an MAI insured person; and

the MAI insured person deliberately avoided paying the correct MAI premium for the MAI policy by making a statement in relation to the issue of the policy that the MAI insured person knew was false or misleading in a material particular.

The MAI insurer may recover as a debt from the MAI insured person—

if the costs reasonably incurred by the MAI insurer for an application for defined benefits, or a motor accident claim, in relation to the motor accident are not more than $2 000—the total of the amount paid and costs incurred; or

if the costs reasonably incurred by the MAI insurer for an application for defined benefits, or a motor accident claim, in relation to the motor accident are more than $2 000—$2 000 or another amount prescribed by regulation.

Note 1 An MAI policy insures against the risk of liability for personal injury caused by a motor accident (see s 292).

Note 2 Costs include reasonable and necessary treatment and care (see s 341).

Note 3 It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).