165Rights against unauthorized or intoxicated drivers

165 Rights against unauthorized or intoxicated drivers (1) If the death of or bodily injury to any person is caused by or arises out of the use, before the commencement of this section, of a motor car to which a contract of insurance under the repealed Division related and that motor car was at the time of the occurrence out of which the death or injury arose driven by a person without the authority of the owner or without reasonable grounds for believing that he or she had the authority of the owner then— (a) the driver is not entitled to recover from the authorized insurer any sum on account of any moneys (including costs) paid or payable by the driver in respect of liability in respect of such death or bodily injury; and (b) any sum paid by the authorized insurer in discharge of the liability of the driver is recoverable by the authorized insurer from the driver. (2) If the death of or bodily injury to any person is caused by or arises out of the use of a motor car to which a contract of insurance under the repealed Division relates and the driver of the motor car at the time of the occurrence out of which the death or bodily injury arose is convicted in relation to the circumstances of the occurrence— (a) of a serious indictable offence within the meaning of section 325 of the **Crimes Act 1958** with respect to that death or bodily injury; or (b) of the offence referred to in section 80B(1) of the **Motor Car Act 1958**— any sum (including costs) paid by the authorized insurer in discharge of the liability of the owner or driver of the motor car in respect of the death or bodily injury is recoverable by the authorized insurer from the driver.