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MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 87RV
Notice of damage
87RV Notice of damage
(1) This section applies if— (a) an authorised person damages something when
exercising, or purporting to exercise, a power; or
(b) a person (the
"assistant" ) acting under the direction or authority of an authorised person
damages something.
(2) However, this section does not apply to damage the
authorised person reasonably considers is trivial or if the authorised person
reasonably believes— (a) there is no-one apparently in possession of the
thing; or
(b) the thing has been abandoned.
(3) The authorised person must
give notice of the damage to a person who appears to the authorised person to
be an owner, or person in control, of the thing.
(4) However, if for any
reason it is not practicable to comply with subsection (3) , the authorised
person must— (a) leave the notice at the place where the damage happened;
and
(b) ensure it is left in a conspicuous position and in a reasonably
secure way.
(5) The authorised person may delay complying with subsection (3)
or (4) if the authorised person reasonably suspects complying with the
subsection may frustrate or otherwise hinder the performance of the authorised
person’s functions.
(6) The delay may be only for so long as the authorised
person continues to have the reasonable suspicion and remains in the vicinity
of the place.
(7) If the authorised person believes the damage was caused by
a latent defect in the thing or other circumstances beyond the control of the
authorised person or the assistant, the authorised person may state the belief
in the notice.
(8) The notice must state— (a) particulars of the damage;
and
(b) that the person who suffered the damage may claim compensation under
section 87RW .
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