Our Third Party Laws need Overhaulin’

cranky 21 March 2008 3

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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3 Responses to Our Third Party Laws need Overhaulin’
cranky cranky 7:01 pm 18 Aug 08

An update.

WIN news tonight reported that the victim has received ZERO compensation, and it in the hands of the NRMA. They consider their hands are tied by the ACT TPI laws.

Should the NRMA decide that the ACT law precludes them from offering ex gratia assistance, Sonic’s people ‘may’ step in.

This is a travesty. We do not insure ‘guilty’ drivers. We cover motor vehicles for third party insurance. How have the ACT gov so twisted the law that only when a guilty party can be identified can CTP be claimed? How can the NRMA gleefully accept premiums knowing that in some cases any obligation to pay out can be avoided?

astrojax astrojax 9:14 pm 21 Mar 08

i thought third party insurance was there to compensate people who were injured through no fault of their own by mva’s… what does an extra third party (criminal justice body) have to do with anything?? what shiite! now the poor thing has the death of her husband AND the fucking no-one really matters anyway to deal with – fug’em!

eh_steve eh_steve 5:09 pm 21 Mar 08

I think I remember reading something a week ago about this, apparently something has already been done about it?

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