Benefits for death or injury resulting from motor accidents
7 Benefits for death or injury resulting from motor accidents
(1) Subject to this Act, benefits are payable in accordance with this Act to, or in relation to, a person who suffers personal injury or dies in, or as a result of, a motor accident occurring in the Territory.
(2) Subject to this Act, benefits are payable to, or in relation to, a resident of the Territory who suffers personal injury or dies in, or as a result of, a motor accident occurring outside the Territory if the accident:
occurs in Australia; and
(b) is caused by or arises out of the use of a Territory motor vehicle.
(3) However, a person who is entitled to statutory benefits under subsection (2) may elect to claim damages or compensation under the law of the jurisdiction in which the accident occurred and, if such a claim is made:
(a) the claimant must immediately give the Commission written notice of the claim; and
the claimant's entitlement to statutory benefits ceases; and
(c) if statutory benefits have already been paid to, or for the benefit of, the claimant under this Act:
(i) the Commission is, to the extent of the payment, subrogated to the rights of the claimant on the claim; and
(ii) the claimant must reimburse the Commission from damages or compensation (if any) awarded on the claim for the amount of the statutory benefits already paid.
This Act’s bill:Second reading speech
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