53Presumption of agency

#### 53 Presumption of agency 53 Presumption of agency > > (1) For the purposes of: > > > > > (a) any proceedings against the owner of a motor vehicle, whether severally or jointly with the driver of the vehicle, for the recovery of damages for liability in respect of the death of or injury to a person caused by the fault of the driver of the vehicle in the use or operation of the vehicle, and > > > > > (b) the third-party policy, if the vehicle concerned is an insured motor vehicle, > > > > any person (other than the owner) who was, at the time of the occurrence out of which the proceedings arose, the driver of the vehicle (whether with or without the authority of the owner) shall be taken to be the agent of the owner acting within the scope of the agent’s authority in relation to the vehicle. > > > (2) Nothing in this section shall be taken to imply any ratification by the owner of the motor vehicle of the acts of the person driving the motor vehicle. > > > (3) The presumption of agency under this section is applicable not only with respect to proceedings taken against the owner of the motor vehicle, whether severally or jointly with the driver, but also: > > > > > (a) where the owner or driver is dead, with respect to proceedings against the owner or driver’s estate pursuant to Part 2 of the [Law Reform (Miscellaneous Provisions) Act 1944](/view/html/inforce/current/act-1944-028), and > > > > > (b) where the owner or driver is dead or cannot be served with process, with respect to: > > > > > > > (i) proceedings against the person’s insurer under section 54 or the Nominal Defendant, and > > > > > > > (ii) proceedings in which the owner or driver, the owner or driver’s estate, the insurer or the Nominal Defendant, as the case may be, is involved as alternative defendant or as a person on whom notice in writing has been served pursuant to Part 2 of the [Law Reform (Miscellaneous Provisions) Act 1946](/view/html/inforce/current/act-1946-033), or as a party to proceedings for recovery of contribution by or against a joint tort-feasor pursuant to Part 3 of that Act.