MOTOR VEHICLE (THIRD PARTY INSURANCE) ACT 1943 - SECT 11

MOTOR VEHICLE (THIRD PARTY INSURANCE) ACT 1943 - SECT 11

11 .         Power of the Commission to deal with claims against insured persons

        (1)         The Commission may on behalf of an insured person and the owner and driver of an uninsured vehicle —

            (a)         conduct negotiations in respect of a claim against any such person, owner or driver;

            (b)         accept or instruct any solicitor to accept service of legal process issued in respect of the claim;

            (c)         assume the conduct and control of legal proceedings in respect of the claim; and

            (d)         at any stage in the negotiations or proceedings —

                  (i)         admit negligence on his behalf, where there is no claim against the person, owner or driver as the case may be, in relation to damage to property and the Commission has no right of recovery against the person, owner or driver, under the provisions of section 7(5), section 8(3) or section 15;

                  (ii)         pay, compromise or settle the claim.

        (2)         The insured person and the owner and the driver of an uninsured vehicle shall sign and execute all such warrants, authorities and other documents as are necessary to give effect to this section, and, if he defaults in doing so or is absent or cannot be found, the warrants, authorities or other documents aforesaid may be signed or executed by the Commission on his behalf.

        (3)         Where an accident directly caused by, or by the driving of, a motor vehicle results in the death of or bodily injury to any person as well as damage to property, and claims are made in respect of the death or bodily injury, and also in respect of the damage to property, and the person against whom the claims are made is insured against his liability for death or bodily injury but not against his liability for damage to property, then nothing said or done in any negotiations for settlement of either of the claims, and no judgment given in any legal proceedings in respect of either of the claims, shall be evidence in any legal proceedings in respect of the other claim, unless the negotiations or proceedings in respect of both claims are conducted or controlled by the person against whom the claims are made with the authority of the Commission or by the Commission with authority of the said person.

        [Section 11 amended: No. 31 of 1948 s. 13; No. 36 of 1954 s. 6; No. 25 of 1959 s. 6; No. 7 of 1975 s. 2; No. 51 of 1986 s. 46(2); No. 107 of 1987 s. 10.]