Queensland Consolidated Acts

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MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 58

Insurer’s rights of recourse

58 Insurer’s rights of recourse

(1) If—
(a) personal injury arises out of a motor vehicle accident; and
(b) the insured person was at the relevant time using the motor vehicle without the owner’s authority, without lawful justification or excuse, and without reasonable grounds to believe that the insured person had the owner’s authority, or lawful justification or excuse, for using the motor vehicle;
the insurer may recover, as a debt, from the insured person any costs reasonably incurred by the insurer on a claim for the personal injury.
(2) If—
(a) personal injury arises out of a motor vehicle accident; and
(b) the insured person intended to injure the claimant or some other person;
the insurer may recover, as a debt, from the insured person any costs reasonably incurred by the insurer on a claim for the personal injury.
(3) If—
(a) personal injury arises out of a motor vehicle accident; and
(b) the insured person was, at the time of the accident, the driver of the motor vehicle; and
(c) the insured person was, at the time of the accident, unable to exercise effective control of the motor vehicle because of the consumption of—
(i) alcohol; or
(ii) a non-medicinal drug or a combination of non-medicinal drugs; or
(iii) a combination of alcohol and a non-medicinal drug or non-medicinal drugs;
the insurer may recover, as a debt, from the insured person any costs reasonably incurred by the insurer on a claim for personal injury that are reasonably attributable to the insured person’s inability to exercise effective control of the motor vehicle.
(4) If—
(a) personal injury arises out of a motor vehicle accident; and
(b) the motor vehicle accident giving rise to the injury is attributable in whole or in part to a defect in the motor vehicle; and
(c) the defect arose from the wrongful act or omission of the manufacturer or a person who carries on a business of repairing motor vehicles;
the insurer may recover, as a debt, from the manufacturer or repairer the proportion of the costs reasonably incurred by the insurer on a claim for the personal injury that reasonably reflects the degree of the manufacturer’s or repairer’s responsibility for the accident.
(5) However, it is a defence for the manufacturer or repairer to prove that the driver of the motor vehicle drove it with knowledge of the defect and its likely effect.
(6) An action by an insurer under this section may be brought separately or by way of third-party proceeding.



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