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MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 31
Principles for determining the insurer
31 Principles for determining the insurer
(1) If personal injury is caused by, through or in connection with a motor
vehicle, the insurer for the statutory insurance scheme is to be decided in
accordance with the following principles— (a) if the motor vehicle is an
insured motor vehicle—the insurer under the CTP insurance policy is, subject
to this division, the insurer;
(b) if the motor vehicle is not insured but a
self-insurer is the registered owner—the self-insurer is the insurer;
(c)
if the motor vehicle is not insured and a self-insurer is not the registered
owner—the Nominal Defendant is the insurer;
(d) if the motor vehicle, or
insurer under its CTP insurance policy, can not be identified—the Nominal
Defendant is the insurer.
(2) In any legal proceedings, it is to be presumed
that a motor vehicle can not be identified if it is established by affidavit
or oral evidence that proper inquiry and search have been made and have failed
to establish the identity of the motor vehicle.
(3) If a trailer is attached
to a motor vehicle registered in Queensland or runs out of control after
becoming accidentally detached from a motor vehicle registered in Queensland,
the trailer must be regarded as part of the motor vehicle and the insurer of
the motor vehicle is the insurer of the trailer but, in any other case, the
insurer of a trailer registered in Queensland is the Nominal Defendant whose
liability is to be decided as if the Nominal Defendant had issued a separate
CTP insurance policy for the trailer.
(4) However— (a) if a motor vehicle
accident involving a trailer with a GVM of more than 4.5 tonnes happens
outside the State—the Nominal Defendant is not the insurer of the trailer
under subsection (3) ; and
(b) if a CTP insurance policy (other than a
supplementary policy) is issued for, or expressly extends to, a trailer—the
insurer under the policy is the insurer of the trailer for all purposes.
(5)
In this section—
"supplementary policy" means a policy of insurance for a trailer insuring
against liability for personal injury caused by, through or in connection with
the trailer, other than a liability covered under subsection (3) .
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