New South Wales Consolidated Acts
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MOTOR ACCIDENTS ACT 1988
- As at 23 September 2020
- Act 102 of 1988
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Name of Act
2. Commencement
2AA. Motor Accidents Compensation Act 1999 and Motor Accident Injuries Act 2017
2A. Objects of Act
2B. Interpretation and application of Act by reference to objects
3. Definitions
3A. Execution etc of certain agreement
3B. Special provision for trailers
3C. Special provision for tow trucks
3D. Parts 4, 5 and 6 not to apply to coal miner work injury claim resulting from uninsured off-road accident
4. Act to bind Crown
PART 2 - RESTORATION OF COMMON LAW RIGHTS
5. Repeal of the Transport Accidents Compensation Act 1987 No 101
6. Restoration of common law rights
7. Application of Part 6 (Awarding of damages) from 1 July 1987
PART 3 - (Repealed)
None
PART 4 - REHABILITATION
34A. Objects--Part 4
34B. Application of Part
35. Definitions
36. (Repealed)
37. Provision of rehabilitation services
38. Rehabilitation services to be provided promptly
39. Mitigation of damages
PART 4A - PAYMENTS TO HOSPITALS ETC
39AA. Application of Part
39A. Definitions
39B. Payments in respect of certain matters
39C. Right of action against insured person by hospital etc
39D. Payments by licensed insurer or Nominal Defendant
39E. Notice of claims
PART 5 - CLAIMS AND COURT PROCEEDINGS TO ENFORCE CLAIMS
Division 1 - Preliminary
40. Definitions
40A. Objects--Part 5
41. Application of Part
Division 2 - Claims and other matters preliminary to court proceedings
42. Accident must be reported within 28 days
42A. Authority's access to police information
43. Time for and notice of making of claims
43A. Late making of claims
44. Form of notice of claim
44A. Other approved forms
44B. Challenging claims for failure to comply with sec 44 or 44A
45. Duty of insurer to try to resolve claim etc
46. Insured not to admit liability etc
47. Power of insurer to act for insured
47A. Power of insurer to intervene in legal proceedings
Division 3 - Duties of co-operation
48. Duty of claimant to co-operate with other party
49. Medical etc examination of claimant
50. Duty of owner and driver to co-operate with insurer
50A. Provision of information to facilitate settlement of claim before commencing court proceedings
Division 4 - Court proceedings on claims
51. Forum for court proceedings
52. Time limitations on commencement of court proceedings
53. Presumption of agency
54. Proceedings against insurer if insured dead or unable to be served
55. Proof of inability to serve process etc
56. (Repealed)
Division 5 - (Repealed)
None
Division 6 - Miscellaneous
64A. Licensed insurers to deter fraudulent claims
65. False claims
66. Remedy available where claim fraudulent
66A. Joinder of insurer where false claim alleged
67. (Repealed)
PART 6 - AWARDING OF DAMAGES
68. Definitions
68A. Objects--Part 6
69. Application
70. General regulation of court awards
70A. Claimant's prospects of future economic loss
71. Discount rate applicable to certain awards of damages
72. Maximum amount of damages for provision of certain home care services
72A. Respite care
73. Payment of interest
74. Contributory negligence--generally
75. (Repealed)
76. Defence of voluntary assumption of risk
77. (Repealed)
78. Determination of economic loss
79. Determination of non-economic loss--accidents occurring before midnight on 26.9.95
79A. Determination of non-economic loss--accidents occurring after midnight on 26.9.95
80. Indexation of amounts relating to non-economic loss
80A. Regulations concerning the determination of non-economic loss
81. Structured settlements
81A. Exemplary or punitive damages
82. Court to apportion damages etc
82A. Costs
PARTS 7, 8 - (Repealed)
None
PART 9 - MISCELLANEOUS
132. No contracting out of Act
132A. (Repealed)
133. Service of documents
134. Offences by corporations
135. Proceedings for offences
136. Regulations
137. Savings, transitional and other provisions
PART 10 - FUNDING AND ADMINISTRATION OF PREVIOUS SCHEMES
138. Definitions
139. Continuation of the TAC Fund
140. Payments into TAC Fund
141. Payments out of TAC Fund
142. Investment
143. Payment of damages out of TAC Fund
144. Reassessment of benefits under 1987 Act
145. Entitlement to claim under this Act of recipient of benefits under the 1987 Act
145A. Claims in respect of certain intermediate transport accidents
145B. Contribution from other insurers in respect of intermediate transport accident claims
146. Provisions applicable to claims concerning intermediate transport accidents
146A. Privileged information and records
147. Deduction of benefits provided under the 1987 Act
147A. Right of recovery from certain persons
147B. Administration of claims under previous schemes
148. Payment of short-fall levy at time of registration of motor vehicle
149. Payment of short-fall levies to Self Insurance Corporation
150. Determination by Minister of short-fall levy
Schedule 3 (Repealed)
SCHEDULE 4
SCHEDULE 5
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