88Provision where owner etc. of trailer cannot be found

88 Provision where owner etc. of trailer cannot be found (1) Where— (a) liability has been incurred by the owner or person in charge of any trailer in respect of the death of or bodily injury to any person caused by or arising out of the use of a trailer to which a contract of insurance under this Part relates; and (b) the owner or person 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 person if he or she could be found may recover against the Commission a sum equivalent to the amount for which he or she could have obtained a judgment against the owner or person or the amount to which the liability of the Commission is limited under the contract of insurance, whichever is the smaller amount but the person shall not so recover unless— (c) within a reasonable time after he or she knew that the owner or person could not be found, he or she gave to the Commission notice in writing of intention to make the claim setting out his or her full name and address, 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 (d) the claimant satisfies the court that the Commission has not been materially prejudiced in its defence to the claim by any failure by the claimant to give the notice at the proper time or by any omission or any insufficiency or defect in the claim. (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. S. 89 amended by No. 34/1998 s. 14(a).