New South Wales Consolidated Acts

MOTOR ACCIDENTS COMPENSATION ACT 1999 - SECT 78

78 Power of insurer to act for insured

(cf s 47 MAA)

(1) When a claim is made against a person, the person's insurer may--

(a) conduct and control negotiations in respect of the claim, and

(b) conduct, or take over the conduct of, any legal proceedings in respect of the claim and may conduct those proceedings in the name and on behalf of the person, and

(c) at any stage of those negotiations or proceedings, compromise or settle the claim, and

(d) exercise any function conferred by this Act on the person in respect of the claim.

(2) The person against whom the claim is made is required to sign all such warrants, authorities and other documents as may be necessary to give effect to this section.

(3) If the person fails to do so or is absent or cannot be found, the insurer may sign the warrants, authorities or other documents on behalf of the person.

(4) Nothing said or done by an insurer under this section in connection with the settlement of a claim or the conduct of proceedings in respect of a claim is to be regarded as an admission of liability in respect of or in any way prejudice any other claim, action or proceeding arising out of the same occurrence.