21Recovery of an excess in certain cases

#### 21 Recovery of an excess in certain cases 21 Recovery of an excess in certain cases (cf s 23 MAA) > > (1) If an insured person incurs a liability against which he or she is insured under a third-party policy and the liability arises out of a motor accident which was to the extent of more than 25% the fault of the insured person, the licensed insurer may recover from the insured person as a debt in a court of competent jurisdiction— > > > > > (a) where the money paid and costs incurred by the licensed insurer in respect of the liability do not exceed $500—the amount of the money paid and costs incurred, or > > > > > (b) where the money paid and costs incurred by the licensed insurer exceed $500—$500. > > > (2) The licensed insurer is not entitled to recover an amount under this section if the licensed insurer exercises any other right of recovery against the insured person under section 20.