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s 345

MAI insurer may recover costs if no authority to use vehicle

In force
Chapter 6Motor accident injuries insurance
Part 6.10MAI insurer and nominal defendant may recover costs incurred
Division 6.10.2MAI insurers

345 MAI insurer may recover costs if no authority to use vehicle

(1)

This section applies if—

(a)

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

(b)

the MAI insured person was, at the time of the motor accident, using the motor vehicle—

(i)

without the authority of the responsible person for the vehicle; and

(ii)

without lawful justification or excuse; and

(iii)

without reasonable grounds for believing that the MAI insured person had the authority of the responsible person, or lawful justification or excuse, for using the motor vehicle.

(2)

The insurer may recover as a debt from the MAI insured person any costs reasonably incurred by the insurer for a motor accident claim for the personal injury.

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

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