New South Wales Consolidated Acts

MOTOR ACCIDENT INJURIES ACT 2017 - SECT 3.36

3.36 No statutory benefits for at-fault driver or owner if vehicle uninsured

(1) Statutory benefits are not payable under this Part in respect of the death of or injury to a person resulting wholly or mostly from the fault of the person as the owner or driver of a motor vehicle in the use or operation of the vehicle if the vehicle was an uninsured vehicle at the time of the motor accident.

(2) Any amount properly paid under this Part by the relevant insurer as statutory benefits in respect of death or injury resulting from the fault of a person as the owner or driver of a motor vehicle in the use or operation of the vehicle may be recovered by the insurer from the owner or driver if the vehicle was an uninsured vehicle at the time of the motor accident.

(3) A motor vehicle is an
"uninsured vehicle" if and only if at the time of the motor accident--

(a) the motor vehicle was not subject to coverage under a third-party policy in circumstances where the vehicle was required to be insured under this Act, and

(b) the motor vehicle was not subject to coverage under a policy of compulsory third-party personal injury insurance or a compulsory motor vehicle accident compensation scheme under the law of a place other than New South Wales or under a law of the Commonwealth, and

(c) the motor vehicle was not owned by the Commonwealth or by any person or body of persons representing the Commonwealth.

(4) A motor accident was caused mostly by the fault of a person if the contributory negligence of the person in relation to the motor accident (as referred to in section 3.38) was greater than 61%.

(5) This section does not apply to a person who was the driver of the vehicle at the time of the motor accident if--

(a) the driver was driving the motor vehicle with the authority of the owner or had reasonable grounds for believing and did in fact believe that he or she had such authority, and

(b) the driver did not have any reasonable grounds for believing that the motor vehicle was an uninsured vehicle.