(cf s 7H MACA)
The Nominal Defendant is not entitled to recover any amount under section 2.37
(Recovery from owner or driver) from the owner or driver of a motor vehicle in
respect of amounts properly paid by the Nominal Defendant in connection with
the operation of this Part unless the motor accident concerned was actually
caused by the fault of the owner or driver of the motor vehicle in the use or
operation of the vehicle.