348Insurer may recover costs if motor vehicle defective

348 Insurer may recover costs if motor vehicle defective insured person; and (b) the motor accident is attributable wholly or partly to a defect in a motor vehicle; and (c) the defect arose from the wrongful act or omission of the manufacturer or a person who carries on a business of repairing motor vehicles (the repairer). (2) The insurer may recover as a debt from the manufacturer or repairer the proportion of the costs reasonably incurred by the insurer for a motor accident claim for the personal injury that reasonably reflects the percentage of the manufacturer’s or repairer’s responsibility for

(3) However, it is a defence for the manufacturer or repairer to prove that the insured person for the motor vehicle drove the motor vehicle with knowledge of the defect and its likely effect. Note 1 An MAI policy insures against the risk of liability for personal injury Note 2 An amount recovered under this section by the nominal defendant must