93Actions for damages

93 Actions for damages

(1) A person shall not recover any damages in any proceedings in respect of the injury or death of a person as a result of a transport accident occurring on or after the commencement of section 34 except in accordance with this section.

(2) A person who is injured as a result of a transport accident may recover damages in respect of the injury if—

S. 93(2)(a) substituted by No. 32/1988 s. 21(1)(a).

(a) the Commission has determined the degree of impairment of the person under section 46A, 47(7) or 47(7A); and

(b) the injury is a serious injury.

S. 93(3)(a) substituted by No. 32/1988 s. 21(1)(b).

(a) under section 46A, 47(7) or 47(7A), the Commission has determined the degree of impairment of a person who is injured as a result of a transport accident; and

S. 93(3)(b) substituted by No. 32/1988 s. 21(1)(b).

(b) the degree so determined is 30 per centum or more—

the injury is deemed to be a serious injury within the meaning of this section.

S. 93(4)(a) substituted by No. 32/1988 s. 21(1)(c).

(a) under section 46A, 47(7) or 47(7A), the Commission has determined the degree of impairment of a person who is injured as a result of a transport accident; and

S. 93(4)(b) substituted by No. 32/1988 s. 21(1)(c).

(b) the degree so determined is less than 30 per centum—

the person may not bring proceedings for the recovery of damages in respect of the injury unless—

(c) the Commission—

(i) is satisfied that the injury is a serious injury; and

(ii) issues to the person a certificate in writing consenting to the bringing of the proceedings; or

(d) a court, on the application of the person, gives leave to bring the proceedings.

S. 93(5) substituted by No. 57/1989 s. 3(Sch. item 203.1).

(5) A copy of an application under subsection (4)(d) must be served on the Commission and on each person against whom the applicant claims to have a cause of action.

(6) A court must not give leave under subsection (4)(d) unless it is satisfied that the injury is a serious injury.

(7) A court must not, in proceedings in accordance with subsections (2), (3) and (4), award to a person in respect of an injury—

(a) pecuniary loss damages—

(i) if the total pecuniary loss damages assessed, before any reduction in respect of the person's responsibility for the injury, is less than $20 000; or

(ii) in excess of $450 000; or

(b) pain and suffering damages—

(i) if the total pain and suffering damages assessed, before any reduction in respect of the person's responsibility for the injury, is less than $20 000; or