Insurer may recover costs if fraud
349 Insurer may recover costs if fraud
This section applies if an applicant for defined benefits, or a claimant for a motor accident claim, in relation to a motor accident is convicted or found guilty of an offence against a provision mentioned in the Criminal Code, part 3.3 (Fraudulent conduct) or part 3.4 (False or misleading statements, information and documents) in relation to the application or claim.
The insurer for the motor accident may recover from the applicant or claimant any costs reasonably incurred by the insurer because of the applicant’s or claimant’s conduct.
Note An amount recovered under this section by the nominal defendant must be paid into the nominal defendant fund (see s 330).
A regulation may prescribe—
the maximum amount an insurer may recover in relation to an application for defined benefits or a motor accident claim if the applicant for defined benefits or the claimant for the motor accident claim has been convicted or found guilty of an offence mentioned in subsection (1); and
the amounts the insurer must not recover in relation to the application for defined benefits or the motor accident claim; and
the requirements for recovering the amounts.
Division 6.10.4 Nominal defendant
This Act’s bill:Explanatory statementSecond reading speech
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