157Where owner or driver of uninsured motor car cannot be found

157 Where owner or driver of uninsured motor car cannot be found (a) liability has been incurred by the owner or driver of any uninsured motor car in respect of the death of or bodily injury to any person caused by or arising out of the use of that motor car; and (b) the liability is one against which such owner or driver had there been in force a contract of insurance under the repealed Division relating to such motor car would have been insured; and (c) the owner or driver cannot after strict inquiry and search be found— any person who could have obtained a judgment in respect of the death or bodily injury against the owner or driver if he or she could be found may obtain judgment against the Incorporated Nominal Defendant for a sum equivalent to the amount for which he or she could have obtained a judgment against the owner or driver or the amount to which the liability of an authorized insurer might have been limited had there been in force a contract of insurance under the repealed Division relating to the motor car, whichever is the smaller amount but the person shall not so recover unless— (d) within a reasonable time after he or she knew that the owner or driver could not be found he or she gave to the Incorporated Nominal Defendant notice in writing of intention to make the claim setting out his or her full name and place of abode, the date and place of the accident, the general nature of the injuries received and a short statement of the circumstances of the accident; or (e) the claimant satisfies the court before which the claim is tried that the Incorporated Nominal Defendant has not been materially prejudiced in his or her defence to the claim by any failure by the claimant to give such notice at the proper time or by any omission from or any insufficiency or defect in the notice. (2) The inquiry and search made for the owner or driver may be proved orally or by the affidavit of the person who made the inquiry and search. (3) The Incorporated Nominal Defendant is not liable to satisfy any judgment obtained against it but the judgment and the costs of the Incorporated Nominal Defendant must be paid by authorized insurers at the date of the occurrence out of which the claim arose in proportions determined by the Minister.