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Motor Accident Injuries Act 2017 No 10
Current version for 1 February 2019 to date (accessed 28 January 2020 at 21:08)
3.2 Statutory benefits payable by relevant insurer
(1) The statutory benefits payable under this Part are payable by the relevant insurer.(2) The relevant insurer is (subject to this section and section 3.3):(a) if the motor accident concerned involved only 1 motor vehicle with motor accident insurance cover—the insurer of the motor vehicle, or(b) if the motor accident concerned involved more than 1 motor vehicle—the insurer of the at-fault motor vehicle, or(c) in any other case—the Nominal Defendant.Note.The Nominal Defendant will be the relevant insurer where the motor vehicle concerned was not insured or identified as referred to in Division 2.4.(3) However, in the case of the payment of statutory benefits for treatment and care provided more than 5 years after the motor accident concerned, the relevant insurer is the Lifetime Care and Support Authority of New South Wales.(4) The insurer of the at-fault motor vehicle is the insurer who provides motor accident insurance cover to:(a) the owner or driver of the motor vehicle whose fault in the use or operation of the vehicle caused the death or injury in respect of which the statutory benefits are payable, or(b) if there is more than one such motor vehicle—the owner or driver of the motor vehicle who was most at fault.(5) For the purposes of this Act (including any motor accident insurance cover in respect of a motor vehicle) a liability that the relevant insurer has to pay statutory benefits under this Part in respect of death or injury is deemed to be a liability in respect of death or injury caused by the fault of the owner or driver of a motor vehicle in the use or operation of the vehicle (being a motor vehicle for which the insurer is the relevant insurer).(6) If the insurer of the at-fault motor vehicle is not a licensed insurer under this Act, statutory benefits payable under this Part are payable by the Nominal Defendant on behalf of the insurer.(7) The Nominal Defendant or other insurer who pays statutory benefits under this Part is entitled to recover the amount of statutory benefits properly paid from the relevant insurer liable to make those payments.