Nominal defendant may recover costs from responsible person or driver at fault
350 Nominal defendant may recover costs from responsible person or driver at fault
This section applies if—
personal injury is caused by a motor accident; and
the motor accident is caused by the act or omission of the responsible person for, or the driver of, of a motor vehicle involved in the accident.
The nominal defendant may recover as a debt from the responsible person for, or the driver of, the motor vehicle, or both, any costs reasonably incurred by the nominal defendant for a motor accident claim for the personal injury.
However, the nominal defendant is not entitled to recover an amount under this section from the responsible person for, or the driver of, the motor vehicle, if the motor accident is a no-fault motor accident.
No-fault motor accident—see s 254.
Also, the nominal defendant is not entitled to recover an amount under this section from the responsible person for, or the driver of, the motor vehicle, for treatment and care benefits or death benefits that the responsible person or driver is entitled to under chapter 2 (Motor accident injuries—defined benefits).
This Act’s bill:Explanatory statementSecond reading speech
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