Motor Accident Injuries Act 2019

This section applies if personal injury is caused by a motor accident involving—

an uninsured motor vehicle that is not a light rail vehicle; or

an unidentified motor vehicle.

Note The nominal defendant is liable in relation to uninsured motor vehicles (see s 326) and unidentified motor vehicles (see s 328).

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 at the time of the motor accident, the vehicle—

was not required to be registered; or

was exempt from registration; or

if required to be registered—was not required to be insured under this Act.

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).

It is a defence to a proceeding under this section against the responsible person for the motor vehicle if the responsible person proves that—

the motor vehicle was driven without the authority of the responsible person; or

the responsible person believed on reasonable grounds that the motor vehicle was insured.

It is a defence to a proceeding under this section against the driver of the motor vehicle if the driver proves that the driver believed on reasonable grounds that—

the driver had the responsible person’s consent to drive the motor vehicle; and

the motor vehicle was insured.

The nominal defendant may bring a proceeding for recovery of costs under this section before the costs have been actually paid in full and, in that case, a judgment for recovery of costs may provide that, as far as the costs have not been actually paid, the right to recover the costs is contingent on payment.

This section does not affect a right of recovery the nominal defendant may have, apart from this section, against the insured person.

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