sec.42Liability of agency to contribute towards damages

sec.42 Liability of agency to contribute towards damages

If the participant gives a preservation notice, the agency is liable to contribute towards the insurer’s liability, if any, on the claim for treatment, care and support damages. For the awarding of damages in relation to a participant’s treatment, care and support needs, see the Civil Liability Act 2003 , chapter 3 , part 2A . For the role of the agency in relation to a claim that the agency is liable to contribute towards, see the Insurance Act , part 4 , division 8 . However, the agency stops being liable to contribute if— a court decides, or the parties to the claim agree by way of settlement, that— the participant is guilty of contributory negligence in relation to the claim; and the damages that the participant would otherwise be entitled to in the absence of contributory negligence are to be reduced, because of the contributory negligence, by 50% or more; or a court decides, under section 41 (7) , not to sanction the preservation notice; or a court makes an order, under section 43 , preventing the participant from being awarded treatment, care and support damages; or for a participant other than a participant whose preservation notice has been sanctioned by a court—the participant, by notice to the agency and the insurer, withdraws the preservation notice. In this section— party , to the claim, includes the agency. (sec.42-ssec.1) If the participant gives a preservation notice, the agency is liable to contribute towards the insurer’s liability, if any, on the claim for treatment, care and support damages. For the awarding of damages in relation to a participant’s treatment, care and support needs, see the Civil Liability Act 2003 , chapter 3 , part 2A . For the role of the agency in relation to a claim that the agency is liable to contribute towards, see the Insurance Act , part 4 , division 8 . (sec.42-ssec.2) However, the agency stops being liable to contribute if— a court decides, or the parties to the claim agree by way of settlement, that— the participant is guilty of contributory negligence in relation to the claim; and the damages that the participant would otherwise be entitled to in the absence of contributory negligence are to be reduced, because of the contributory negligence, by 50% or more; or a court decides, under section 41 (7) , not to sanction the preservation notice; or a court makes an order, under section 43 , preventing the participant from being awarded treatment, care and support damages; or for a participant other than a participant whose preservation notice has been sanctioned by a court—the participant, by notice to the agency and the insurer, withdraws the preservation notice. (sec.42-ssec.3) In this section— party , to the claim, includes the agency.

• 1 For the awarding of damages in relation to a participant’s treatment, care and support needs, see the Civil Liability Act 2003 , chapter 3 , part 2A .