27APeople requiring daily care

27A People requiring daily care

[Section 27A Inserted by No. 6 of 1991, s. 8 ][Section 27A Substituted by No. 20 of 2002, s. 15, Applied:01 Aug 2002]

(1)  This section applies where a liability has been incurred for the payment of damages to a person in respect of personal injury resulting directly from a motor accident.

(2)  If a court is satisfied, at the time of giving judgment in respect of a liability referred to in subsection (1) , that the person to whom any damages are to be paid requires daily care as a result of suffering the personal injury giving rise to the damages, the court –

(a) as part of its judgment, is to certify that the person requires daily care; and

(b) is not to include in the damages any amount in respect of the daily care which that person requires as a result of the personal injury after the date of the judgment as will be recoverable by that person under subsection (4) as medical benefits or disability benefits.

(3)  If –

(a) a person makes a payment into court or an offer of compromise in respect of a claim arising from a liability referred to in subsection (1) ; and

(b) the person making the payment or the offer of compromise gives notice to the person making the claim that the payment or offer is made on the basis that, because of the personal injury giving rise to the claim, the person making the claim requires daily care; and

(c) the person making the claim accepts the payment or offer –

the person making the claim is taken, for the purposes of this Act, to require daily care.

(4)  Subject to subsections (5) and (6) , if –

(a) a court certifies in accordance with subsection (2)(a) that a person requires daily care; or

(b) a person accepts a payment into court or an offer of compromise in accordance with subsection (3)(c)  –