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CIVIL LIABILITY ACT 2003 - SECT 52B

Restriction on damages for participants in insurance scheme

52B Restriction on damages for participants in insurance scheme

(1) This section applies to the awarding of damages for personal injury resulting from a motor accident if the person suffering the injury is, or was, a participant in the insurance scheme in relation to a serious personal injury resulting from the motor accident.
(2) A court can not award damages in relation to the person’s treatment, care and support needs that—
(a) result from the personal injury; and
(b) arise, or arose, while the person is, or was, a participant in the insurance scheme.
(3) This section applies—
(a) whether or not the personal injury is a serious personal injury; and
(b) whether or not the treatment, care and support needs are an approved service for the person under the National Injury Act; and
(c) whether or not the insurance agency must, under that Act, make a payment in relation to the treatment, care and support needs; and
(d) whether or not the treatment, care and support is provided without charge.
(4) Also, this section applies subject to section 52C.
(5) In this section—

"participant" , in the insurance scheme, see the National Injury Act , section 14(1).

"treatment, care and support needs" see the National Injury Act, section 8.



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