Queensland Numbered Acts

NATIONAL INJURY INSURANCE SCHEME (QUEENSLAND) ACT 2016 - SECT 101

101 Recovery from persons in default

(1) This section applies if—

(a) an insurer has a right of recovery against a person under the Insurance Act, section 58 in relation to personal injury arising out of a motor vehicle accident; or

(b) the nominal defendant has a right of recovery against a person under the Insurance Act, section 60 in relation to personal injury arising out of a motor vehicle accident.

(2) The agency may exercise the same right of recovery against the person as the insurer or nominal defendant may exercise for the present value of the agency’s treatment, care and support liabilities for a participant in the scheme.

(3) However—

(a) this section does not give a right of recovery against a participant; and

(b) the agency may exercise its right of recovery against a person only if, and to the extent, the participant’s injury was caused, wholly or partly, by a wrongful act or omission of the person.

(4) The Insurance Act, sections 58 and 60(1) and (2) apply in relation to the agency’s right of recovery—

(a) as if a reference in section 58 to the claimant were a reference to the participant; and

(b) as if a reference in section 58 to the insurer were a reference to the agency; and

(c) as if a reference in section 60(1) and (2) to the nominal defendant were a reference to the agency; and

(d) with any other necessary changes.

(5) To remove any doubt, it is declared that this section applies whether or not a claim has been made for the personal injury stated in subsection (1)(a) or (b).

(6) In this section—

"motor vehicle accident" see the Insurance Act, section 4 .

"personal injury" see the Insurance Act, section 4 .