MAI insurer may recover costs if driver using alcohol or drugs
347 MAI insurer may recover costs if driver using alcohol or drugs
This section applies if—
personal injury is caused by a motor accident involving an MAI insured person; and
the MAI insured person was the driver of the motor vehicle at the time of the motor accident; and
the MAI insured person was, at the time of the motor accident, unable to exercise effective control of the motor vehicle because of the MAI insured person’s ingestion of—
alcohol; or
a non-medicinal drug or a combination of non-medicinal drugs; or
a combination of alcohol and 1 or more non-medicinal drugs; and
a motor accident claim is made in relation to the motor accident.
The MAI insurer may recover as a debt from the MAI insured person any costs reasonably incurred by the MAI insurer for a motor accident claim for the personal injury if the costs are reasonably attributable to the MAI insured person’s inability to exercise effective control of the motor vehicle.
In this section:
non-medicinal drug means a drug other than a drug genuinely and lawfully ingested for medical or therapeutic purposes.
Note An MAI policy insures against the risk of liability for personal injury caused by a motor accident (see s 292).
Division 6.10.3 MAI insurer and nominal defendant
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