Motor Accident Injuries Act 2019

This section applies if—

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

the motor accident is attributable wholly or partly to a defect in a motor vehicle; and

the defect arose from the wrongful act or omission of the manufacturer or a person who carries on a business of repairing motor vehicles (the repairer).

The insurer may recover as a debt from the manufacturer or repairer the proportion of the costs reasonably incurred by the insurer for a motor accident claim for the personal injury that reasonably reflects the percentage of the manufacturer’s or repairer’s responsibility for the motor accident.

However, it is a defence for the manufacturer or repairer to prove that the insured person for the motor vehicle drove the motor vehicle with knowledge of the defect and its likely effect.

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

An amount recovered under this section by the nominal defendant must be paid into the nominal defendant fund (see s 330).