Motor Accident Insurance Regulation 2018
sch.4-sec.6Cost sharing
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sch.4-sec.6 Cost sharing
The basis on which claim costs are to be shared between licensed insurers that are liable, or potentially liable, on a claim is to be decided by agreement between them. However, if— a person makes a claim for personal injury arising out of a motor vehicle accident in which 2 or more motor vehicles were involved, other than an accident involving an unidentified motor vehicle for which the Nominal Defendant is the insurer; and the motor vehicles are all of the same class and all registered in the State; and the claimant is not the driver of a motor vehicle involved in the accident; and no insurer has a right of recourse against an insured person; and the insurers have not decided the basis on which claim costs are to be shared between them within 2 months after the notice of claim is given; the claim costs are to be shared between the licensed insurers in the proportions that the number of motor vehicles insured by each insurer bears to the total number of vehicles involved in the accident. (sch.4-sec.6-ssec.1) The basis on which claim costs are to be shared between licensed insurers that are liable, or potentially liable, on a claim is to be decided by agreement between them. (sch.4-sec.6-ssec.2) However, if— a person makes a claim for personal injury arising out of a motor vehicle accident in which 2 or more motor vehicles were involved, other than an accident involving an unidentified motor vehicle for which the Nominal Defendant is the insurer; and the motor vehicles are all of the same class and all registered in the State; and the claimant is not the driver of a motor vehicle involved in the accident; and no insurer has a right of recourse against an insured person; and the insurers have not decided the basis on which claim costs are to be shared between them within 2 months after the notice of claim is given; the claim costs are to be shared between the licensed insurers in the proportions that the number of motor vehicles insured by each insurer bears to the total number of vehicles involved in the accident.
- (a) a person makes a claim for personal injury arising out of a motor vehicle accident in which 2 or more motor vehicles were involved, other than an accident involving an unidentified motor vehicle for which the Nominal Defendant is the insurer; and
- (b) the motor vehicles are all of the same class and all registered in the State; and
- (c) the claimant is not the driver of a motor vehicle involved in the accident; and
- (d) no insurer has a right of recourse against an insured person; and
- (e) the insurers have not decided the basis on which claim costs are to be shared between them within 2 months after the notice of claim is given;