New South Wales Consolidated Acts

MOTOR ACCIDENT INJURIES ACT 2017 - SECT 5.4

5.4 No recovery of damages for driver who caused accident

(cf s 7E MACA)

(1) There is no entitlement to recover damages because of the operation of this Part in respect of the death of or injury to the driver of a motor vehicle if the motor accident concerned was caused by an act or omission of that driver.

(2) The death of or injury to a person is taken to have been caused by an act or omission of the driver for the purposes of subsection (1) even if--

(a) the act or omission does not constitute fault by the driver in the use or operation of the vehicle, or

(b) the act or omission was involuntary, or

(c) the act or omission was not the sole or primary cause of the death or injury.