90Notice of accidents etc.

90 Notice of accidents etc. (1) If an accident occurs— (a) that involves an insured trailer; and (b) as a result of which a person is injured or dies— the owner or person in charge of the trailer, as soon as practicable after the accident or, in the case of an owner who was not in charge of the trailer, as soon as practicable after the owner becomes aware of the accident— (c) must give notice in writing to the Commission of the accident and particulars of the date, nature and circumstances of the accident and such other information as the Commission reasonably requires; and (d) in the case of a person (other than the owner) in charge of the trailer at the time of the accident, must give notice in writing to the owner of the fact of the accident; and (e) must give notice in writing to the Commission of each claim made or action brought against him or her or, to his or her knowledge, against any other person in respect of the accident; and (f) must not, without the written consent of the Commission— (i) enter upon or incur expenses of litigation as to any matter or thing to which the contract of insurance relates; or (ii) make any offer, promise, payment or settlement or any admission of liability. (2) Nothing in subsection (1)(f) extends to— (a) an admission made at the time of the accident and reasonably attributable to mental stress occasioned by the circumstances; or S. 90(2)(b) amended by No. 37/2014 s. 10(Sch. item 170.3)). (b) a statement made to a police officer acting in the course of duty in hearing or receiving any such statement; or (c) a statement made or evidence given in the course of proceedings in any court or before any arbitrator. (3) If the owner or person in charge of an insured trailer fails to comply with subsection (1), the Commission may recover from that person such amount by way of damages as is attributable to that failure.