sec.52BRestriction on damages for participants in insurance scheme

### sec.52B Restriction on damages for participants in insurance scheme This section applies to the awarding of damages for personal injury resulting from a motor accident if the person suffering the injury is, or was, a participant in the insurance scheme in relation to a serious personal injury resulting from the motor accident. A court can not award damages in relation to the person’s treatment, care and support needs that— result from the personal injury; and arise, or arose, while the person is, or was, a participant in the insurance scheme. This section applies— whether or not the personal injury is a serious personal injury; and whether or not the treatment, care and support needs are an approved service for the person under the National Injury Act ; and whether or not the insurance agency must, under that Act, make a payment in relation to the treatment, care and support needs; and whether or not the treatment, care and support is provided without charge. Also, this section applies subject to section 52C . In this section— participant , in the insurance scheme, see the National Injury Act , section 14 (1) . treatment, care and support needs see the National Injury Act , section 8 . s 52B ins 2016 No. 34 s 149 (sec.52B-ssec.1) This section applies to the awarding of damages for personal injury resulting from a motor accident if the person suffering the injury is, or was, a participant in the insurance scheme in relation to a serious personal injury resulting from the motor accident. (sec.52B-ssec.2) A court can not award damages in relation to the person’s treatment, care and support needs that— result from the personal injury; and arise, or arose, while the person is, or was, a participant in the insurance scheme. (sec.52B-ssec.3) This section applies— whether or not the personal injury is a serious personal injury; and whether or not the treatment, care and support needs are an approved service for the person under the National Injury Act ; and whether or not the insurance agency must, under that Act, make a payment in relation to the treatment, care and support needs; and whether or not the treatment, care and support is provided without charge. (sec.52B-ssec.4) Also, this section applies subject to section 52C . (sec.52B-ssec.5) In this section— participant , in the insurance scheme, see the National Injury Act , section 14 (1) . treatment, care and support needs see the National Injury Act , section 8 . - (a) result from the personal injury; and - (b) arise, or arose, while the person is, or was, a participant in the insurance scheme. - (a) whether or not the personal injury is a serious personal injury; and - (b) whether or not the treatment, care and support needs are an approved service for the person under the National Injury Act ; and - (c) whether or not the insurance agency must, under that Act, make a payment in relation to the treatment, care and support needs; and - (d) whether or not the treatment, care and support is provided without charge.