MOTOR VEHICLE (THIRD PARTY INSURANCE) ACT 1943 - SECT 8

MOTOR VEHICLE (THIRD PARTY INSURANCE) ACT 1943 - SECT 8

8 .         Special provisions in relation to uninsured motor vehicles

        (1)         Where —

            (a)         judgment against the owner or driver of an uninsured motor vehicle has been entered in respect of the death of or bodily injury to any person directly caused by, or by the driving of, that motor vehicle;

            (b)         such death or bodily injury is one against liability in respect of which the judgment debtor, had there been in force a contract of insurance under this Act relating to such motor vehicle, would have been insured; and

            (c)         the judgment debtor does not satisfy the judgment in full within one month after the same has been entered —

                the judgment creditor may claim from the Commission payment of the amount (including costs) unpaid in respect of the judgment or the amount to which the liability of the Commission might have been limited had there been in force a contract of insurance under this Act relating to such motor vehicle, whichever is the smaller amount, and where the Commission fails to pay the amount the judgment creditor may recover it in an action in a court of competent jurisdiction as a debt due to him by the Commission.

        (1A)         Where execution of a judgment referred to in subsection (1) is stayed pending appeal, the time during which such execution is so stayed shall be excluded in calculating the said period of one month.

        (1B)         When a judgment referred to in subsection (1) was obtained within the State, that subsection shall not apply unless, before the action on which such judgment was obtained came on for hearing, the Commission knew that such action had been commenced.

        [(2)         deleted]

        (3)         The Commission may recover from

            (a)         the owner; or

            (b)         the driver,

                of the motor vehicle, and if they are both liable from them jointly and severally, such sum as the Commission has paid in settlement, payment or compromise of the claim of, or any judgment obtained by, the judgment creditor against it.

        (4)         In an action under subsection (3) —

            (a)         it shall be a good defence in any action against the owner of such motor vehicle if he establishes to the satisfaction of the court that —

                  (i)         the fact that the motor vehicle was an uninsured motor vehicle was not due to his own fault; or

                  (ii)         at the time of the occurrence out of which such death or bodily injury arose the driver was not driving the motor vehicle with the consent or authority of the owner;

            (b)         in any case where the owner of the motor vehicle is the judgment debtor as aforesaid, no sum shall be so recoverable against the driver of the motor vehicle unless judgment could have been obtained against the driver in respect of the death or bodily injury aforesaid; and

            (c)         it shall be a good defence in any action against the driver of such motor vehicle if he establishes to the satisfaction of the court that at the time of the occurrence out of which such death or bodily injury arose he was driving the motor vehicle with the authority of the owner and that he had reasonable grounds for believing, and did in fact believe, that the motor vehicle was a motor vehicle in relation to which there was in force a contract or policy of insurance under this Act.

        (5)         Where —

            (a)         liability has been incurred by the owner or driver of any uninsured motor vehicle in respect of the death of, or bodily injury to, any person directly caused by, or by the driving of, that motor vehicle; and

            (b)         such liability is one against which such owner or driver, had there been in force a contract of insurance under this Act relating to such motor vehicle, would have been insured; but

            (c)         such owner or driver is dead or cannot after strict inquiry and search be found

                any person who could have obtained a judgment in respect of such death or bodily injury against such owner or driver, if he were living or if he could be found, as the case may be, may obtain judgment against the Commission for a sum equivalent to the amount for which he could have obtained a judgment against the owner or driver, or the amount to which the liability of the Commission might have been limited had there been in force a contract of insurance under this Act relating to such motor vehicle, whichever is the smaller amount.

        (6)         A person shall not be entitled to recover under subsection (5) unless, as soon as practicable after he knew that such owner or driver was dead or could not be found, he gave to the Commission notice of intention to make a claim and a short statement of the grounds thereof.

        (7)         For the purposes of subsection (5), the inquiry and search made for such owner or driver may be proved orally or by the affidavit of the person who made the inquiry and search.

        [Section 8 amended: No. 31 of 1948 s. 10; No. 36 of 1954 s. 4; No. 25 of 1959 s. 5; No. 72 of 1962 s. 8; No. 51 of 1986 s. 46(2); No. 107 of 1987 s. 14; No. 19 of 2010 s. 51.]

[ 8A.         Deleted: No. 28 of 2003 s. 122(3).]

[ 9.         Deleted: No. 31 of 1948 s. 11.]