Australian Capital Territory Repealed Acts

This legislation has been repealed.

MOTOR TRAFFIC ACT 1936 (REPEALED) - SECT 76

(1)     Where—

        (a)     any payment is made (whether or not with an admission of liability) by an insurer, under or in consequence of a third-party policy, in respect of the death of or bodily injury to any person caused by or arising out of the use of a motor vehicle;

        (b)     the person who died or was injured received medical, dental or surgical treatment by a legally qualified medical practitioner, registered dentist, nurse or masseur in respect of the bodily injury (whether fatal or not) so caused or arising; and

        (c)     within 1 month after the occurrence out of which the death of, or bodily injury to, the person arose, notice in writing of a claim under this section is made to the authorised insurer by the medical practitioner, dentist, nurse or masseur from whom that person received medical, dental or surgical treatment;

the authorised insurer shall pay to that medical practitioner, dentist, nurse or masseur the amount owing for the treatment afforded to the person who has so died or been injured, having regard to the reasonable necessity therefor, at the customary charge made in the community for treatment of the nature afforded.

(1A)     The amount payable by the authorised insurer to the medical practitioner, dentist, nurse or masseur in respect of the bodily injury (whether fatal or not) shall not exceed $100 for each person so treated.

(2)     If the total amount owing to any medical practitioner, dentist, nurse or masseur in respect of the treatment of a person who dies or is bodily injured exceeds $100, the sum of $100 payable by the authorised insurer shall be divisible between the claimants in proportion to their respective claims.