A recent report (of which I am unable to find any mention of in the local media links), detailed the inability of the passenger in a motor vehicle accident to claim recompense for injuries sustained, as a result of the accident being “without charges able to be laid”, or words to this effect.
The lady passenger in a car was injured when her husband suffered a fatal medical event whilst driving on Belconnen Way/Barry Drive a few weeks ago. This accident was much discussed on this forum.
Seems the ACT 3rd Party Laws disallow this lady claiming from the insurer, NRMA, because unless someone can be pinned with the guilt of causing the accident, no claim is possible.
The law in NSW was apparently changed to allow claims in this situation, but not so here in the human rights capital of the world!
Don’t we pour enough into the NRMA’s coffers that, in the exceedingly rare occurence of a no fault accident, an ex-gratia payment could not be made?
Of course, retrospective legislation rectifying this anomaly would also work, but I’ll bet the council will have 114 good reasons to leave this widow to her own devices!
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