New South Wales Consolidated Acts

MOTOR ACCIDENTS COMPENSATION ACT 1999 - SECT 7J

7J Damages for children where driver not at fault

(1) If the death of or injury to a child results from a motor accident not caused by the fault of the owner or driver of a motor vehicle in the use or operation of the vehicle, the death or injury is, for the purposes of the special entitlement to recover damages conferred by this Division, deemed to have been caused by the fault of the owner or driver of a motor vehicle in the use or operation of the vehicle if the motor vehicle was involved in the accident and has motor accident insurance cover for the accident.

Note : Section 3B defines what is meant by a motor vehicle having motor accident insurance cover for a motor accident.

(2) If more than one motor vehicle involved in the motor accident has motor accident insurance cover for the accident, the death or injury is (for the purposes of that special entitlement) deemed to have been caused by the fault of the owner or driver of each such motor vehicle in the use or operation of the vehicle.

(3) The
"special entitlement" to recover damages conferred by this Division is an entitlement to recover damages for the following in respect of the death of or injury to the child--

(a) hospital, medical and pharmaceutical expenses,

(b) rehabilitation expenses,

(c) respite care expenses,

(d) attendant care services expenses,

(e) funeral or cremation expenses.

(4) The special entitlement to recover damages for funeral or cremation expenses is an entitlement to recover those damages under the Compensation to Relatives Act 1897 , but this Division confers no other entitlement to recover damages under that Act.

(5) The motor accident must occur in the State after the commencement of this Division and the child must be a resident of the State at the time of the motor accident.

(6) In this Division--

"child" means a person who is under 16 years of age at the time of the motor accident.