Australian Capital Territory Consolidated Acts

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ROAD TRANSPORT (THIRD-PARTY INSURANCE) ACT 2008 - SECT 169

CTP insurer may recover costs if no authority to use vehicle

    (1)     This section applies if—

        (a)     personal injury is caused by a motor accident involving a CTP insured person; and

        (b)     the CTP insured person was, at the time of the motor accident, using the motor vehicle—

              (i)     without the authority of the responsible person for the vehicle; and

              (ii)     without lawful justification or excuse; and

              (iii)     without reasonable grounds for believing that the CTP insured person had the authority of the responsible person, or lawful justification or excuse, for using the motor vehicle.

    (2)     The insurer may recover as a debt from the CTP insured person any costs reasonably incurred by the insurer for a motor accident claim for the personal injury.

Note     A CTP policy insures against the risk of liability for personal injury caused by a motor accident (see s 21).



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