Victorian Current Acts

TRANSPORT ACCIDENT ACT 1986 - SECT 154

    (1)     If—

        (a)     liability has been incurred by the owner or driver of a motor car in respect of the death of or bodily injury to any person caused by or arising out of the use of a motor car to which a contract of insurance under the repealed Division relates; and

        (b)     the owner or driver is insured under the contract of insurance against the liability; and

        (c)     the owner or driver cannot after strict inquiry and search be found—

any person who could have obtained a judgment in respect of the death or bodily injury against the owner or driver if he or she could be found may recover against the authorized insurer a sum equivalent to the amount for which he or she could have obtained a judgment against the owner or driver or the amount to which the liability of the authorized insurer is limited under the contract of insurance, whichever is the smaller amount but the person shall not so recover unless—

        (d)     within a reasonable time after he or she knew that the owner or driver could not be found he or she gave to the authorized insurer notice in writing of intention to make the claim setting out his or her full name and place of abode, the date and place of the accident, the general nature of the injuries received and a short statement of the circumstances of the accident; or

        (e)     the claimant satisfies the court before which the claim is tried that the authorized insurer has not been materially prejudiced in the defence to the claim by any failure by the claimant to give the notice at the proper time or by any omission from or any insufficiency or defect in the notice.

    (2)     The inquiry and search made for such owner or driver may be proved orally or by the affidavit of the person who made the inquiry and search.