Motor Accident Injuries Act 2017

The statutory benefits payable under this Part are payable by the relevant insurer.

The relevant insurer is (subject to this section and section 3.3)—

if the motor accident concerned involved only 1 motor vehicle with motor accident insurance cover—the insurer of the motor vehicle, or

if the motor accident concerned involved more than 1 motor vehicle—the insurer of the at-fault motor vehicle, or

in any other case—the Nominal Defendant.

However, in the case of the payment of statutory benefits for treatment and care provided more than 5 years after the motor accident concerned, the relevant insurer is the Lifetime Care and Support Authority of New South Wales.

The insurer of the at-fault motor vehicle is the insurer who provides motor accident insurance cover for—

the motor vehicle the use or operation of which caused the death or injury for which the statutory benefits are payable, or

if more than 1 motor vehicle caused the death or injury—the motor vehicle the use or operation of which contributed most to causing the death or injury for which the statutory benefits are payable.

For the purposes of this Act (including any motor accident insurance cover in respect of a motor vehicle) a liability that the relevant insurer has to pay statutory benefits under this Part in respect of death or injury is deemed to be a liability in respect of death or injury caused by the fault of the owner or driver of a motor vehicle in the use or operation of the vehicle (being a motor vehicle for which the insurer is the relevant insurer).

If the insurer of the at-fault motor vehicle is not a licensed insurer (a non-licensed insurer), statutory benefits payable under this Part are payable by the Nominal Defendant on behalf of the non-licensed insurer, unless the Authority gives written approval for the non-licensed insurer to enter into arrangements with a licensed insurer for the licensed insurer to pay the statutory benefits payable as a result of the motor accident.

However, if the insurance policy of the non-licensed insurer of the at-fault motor vehicle does not insure against a liability to pay statutory benefits under this Part—

the Nominal Defendant is the relevant insurer, subject to subsection (3), for the purposes of the payment of the benefits, and

the non-licensed insurer must give the Nominal Defendant the information it has in relation to an application made to it for the payment of benefits concerning the accident.

The Nominal Defendant or other insurer who pays statutory benefits under this Part is entitled to recover the amount of statutory benefits properly paid from the relevant insurer liable to make those payments, along with the costs associated with handling the statutory benefits claim.