s 43

Entitlement limited—uninsured motor vehicle

In force

(1)

This section applies if a person injured in a motor accident was the responsible person for, or the driver of, an uninsured motor vehicle involved in the motor accident.

(2)

The injured person is entitled to income replacement benefits only if—

(a)

the motor accident involved more than 1 motor vehicle and—

(i)

another motor vehicle involved in the motor accident was an insured motor vehicle when the accident happened; and

(ii)

the other vehicle’s insurer is the relevant insurer for the motor accident; or

(b)

the motor accident—

(i)

involved only 1 motor vehicle; and

(ii)

is a no-fault motor accident; or

(c)

the injured person—

(i)

is the driver of the uninsured motor vehicle; and

(ii)

believed on reasonable grounds that—

(A)

the motor vehicle was an insured motor vehicle when the accident happened; and

(B)

the responsible person for the motor vehicle consented to the injured person driving the vehicle.

(3)

The injured person is entitled to quality of life benefits only if—

(a)

another motor vehicle involved in the motor accident was an insured motor vehicle when the accident happened; and

(b)

the other vehicle’s insurer is the relevant insurer for the motor accident.

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