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CIVIL LIABILITY ACT 2003 - SECT 52C

Damages if insurance agency is liable to contribute

52C Damages if insurance agency is liable to contribute

(1) This section applies to a claim for personal injury damages against an insurer under the Motor Accident Insurance Act 1994 if—
(a) the personal injury resulted from a motor accident; and
(b) the person suffering the personal injury is a lifetime participant in the insurance scheme in relation to a serious personal injury resulting from the motor accident; and
(c) a court decides—
(i) the person is not guilty of contributory negligence in relation to the claim; or
(ii) the person is guilty of contributory negligence in relation to the claim and the damages that the person would be entitled to in the absence of contributory negligence are to be reduced, because of the contributory negligence, by less than 50%; and
(d) the insurance agency is liable, under the National Injury Act, section 42 , to contribute towards the insurer’s liability on the claim for treatment, care and support damages.
(2) The court may award treatment, care and support damages.
(3) However, if the court awards treatment, care and support damages, the court must not, in assessing the amount of the treatment, care and support damages, take into account any contributory negligence of the person.
(4) In this section—

"lifetime participant" see the National Injury Act, section 14(2).

"treatment, care and support damages" see the National Injury Act, schedule 1.



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