163Notice by driver

163 Notice by driver (1) If a driver of a motor car— (a) to which a contract of insurance under the repealed Division related; and (b) which is involved in an accident— after receiving notice in writing from the authorized insurer without reasonable cause— (c) fails to furnish the authorized insurer with particulars in accordance with the notice as to the date, nature and circumstances of the accident, and to give all such information and to take all such steps as the authorized insurer may reasonably require, whether or not any claim has actually been made against such person on account of the accident; or (d) fails to give as soon as practicable to the authorized insurer, in accordance with the notice, notice of every claim made or action brought against him or her, with such particulars as the authorized insurer may require; or (e) without the written consent of the authorized insurer— (i) enters upon or incurs the expense of litigation as to any matter or thing in respect of which he or she is indemnified under the contract of insurance; or (ii) makes any offer, promise, payment or settlement or any admission of liability as to any such matter— the authorized insurer is entitled to recover from him or her such amount by way of damages as is reasonably attributable to the failure to comply with the requirements of this section and the repealed Division. S. 163(2) amended by No. 84/1994 s. 55(1)(j). (2) Nothing in subsection (1)(e)(ii) extends 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 statements made or evidence given in or in the course of any proceedings in any court or before any arbitrator.