South Australian Current Acts

MOTOR VEHICLES ACT 1959 - SECT 125B

125B—Acquisition of vehicle by insurer

        (1)         If—

            (a)         the insurer considers it necessary to acquire the motor vehicle for the purposes of the conduct of negotiations or proceedings connected with the death of, or bodily injury to, any person caused by or arising out of the use of the vehicle; and

            (b)         the owner of the vehicle is unwilling to sell the vehicle to the insurer at all or for a price the insurer considers reasonable,

the insurer may acquire the vehicle compulsorily in accordance with this section.

        (2)         The insurer may, for the purposes of compulsorily acquiring the motor vehicle, apply to the Magistrates Court for a valuation of the vehicle.

        (3)         If within one month after the date of a valuation by the Court, the insurer pays into the Court the amount of the valuation, the Court—

            (a)         must make an order vesting title to the motor vehicle in the insurer; and

            (b)         may make any other incidental or ancillary orders that may be necessary or desirable in the circumstances of the case.

        (4)         The insurer must, after acquiring the vehicle, allow inspection and, if necessary, testing, of the vehicle, on reasonable terms and conditions, by—

            (a)         any person who is or may become a party to proceedings in respect of death or bodily injury caused by or arising out of the use of the vehicle; or

            (b)         any person who otherwise has a proper interest in inspecting the vehicle; or

            (c)         any agent of a person referred to in paragraph (a) or (b).