162Owner to give authorized insurer notice of accidents

162 Owner to give authorized insurer notice of accidents (1) On the happening of any accident affecting a motor car and resulting in the death of or bodily injury to any person it is the duty of the owner as soon as practicable after the accident or, if the owner was not the driver of the motor car at the time of the accident, as soon as practicable after he or she first becomes aware of the accident to notify in writing the authorized insurer of the fact of the accident with particulars as to the date, nature and circumstances and to give all such other information and to take all such steps as the authorized insurer may reasonably require whether or not any claim has actually been made against the owner on account of the accident. (2) Notice of every claim made or action brought against the owner or to the knowledge of the owner made or brought against any other person on account of the accident must as soon as practicable be given by the owner to the authorized insurer with such particulars as the authorized insurer may require. (3) The owner of any motor car must not without the written consent of the authorized insurer enter upon or incur the expenses of litigation as to any matter or thing in respect of which he or she is insured under a contract of insurance under the repealed Division, nor shall he or she without that consent make any offer, promise, payment or settlement or any admission of liability as to any such matter. (4) Nothing in subsection (3) extends to any admission made at the time of the occurrence out of which the death or bodily injury arose and reasonably attributable to mental stress occasioned by the circumstances or to any statement made to any member of the police force acting in the course of duty in hearing or receiving a statement or to any statement made or evidence given in or in the course of any proceedings in any court or before any arbitrator. (5) If the owner without reasonable cause fails to give any notice or otherwise fails to comply with the requirements of this section in respect of any matter, the authorized insurer is entitled to recover from him or her such amount by way of damages as is reasonably attributable to any such failure.