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MOTOR ACCIDENTS COMPENSATION ACT 1999 - SECT 3A
General restrictions on application of Act
3A General restrictions on application of Act
(1) This Act (including any third-party policy under this Act) applies only in
respect of the death of or injury to a person that is caused by the fault of
the owner or driver of a motor vehicle in the use or operation of the vehicle
and only if the death or injury is a result of and is caused (whether or not
as a result of a defect in the vehicle) during-- (a) the driving of the
vehicle, or
(b) a collision, or action taken to avoid a collision, with the
vehicle, or
(c) the vehicle's running out of control, or
(d) a dangerous
situation caused by the driving of the vehicle, a collision or action taken to
avoid a collision with the vehicle, or the vehicle's running out of control.
Note : Part 1.2 (No-fault claims--children and blameless accidents) extends
the operation of this Act for certain limited purposes to motor accidents that
have not in fact been caused by the fault of the owner or driver of the
motor vehicle.
Part 1.2 achieves this result by deeming such accidents to have been caused by
the fault of the owner or driver of the motor vehicle in the use or the
operation of the vehicle provided that-- (a) the vehicle was involved in the
accident and had motor accident insurance cover for the accident, and
(b) the
accident was not caused by the fault of any other person or the accident
resulted in the death of or injury to a child.
The early payment scheme
provided for under Part 3.2 extends to all injured persons injured in a
motor accident (including at fault drivers, pedestrians and other road users).
The bulk billing arrangements provided for under section 54 extend to any
person injured in a motor accident (even if the motor accident was caused,
partly or wholly, by the fault of that person).
(2) This Act (including any
third-party policy under this Act) does not apply in respect of an injury that
arises gradually from a series of incidents.
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