96Transport accidents involving unidentified or unindemnified vehicles

96 Transport accidents involving unidentified or unindemnified vehicles

S. 96(1) amended by No. 49/2018 s. 9(1), substituted by No. 18/2022 s. 34(1).

(1) This section applies if a person is injured or dies as a result of a transport accident involving—

(a) the driving of an unidentified vehicle or an unindemnified vehicle; or

(b) a collision between a pedal cycle and a stationary unidentified vehicle or unindemnified vehicle that is not a collision with—

(i) an open door of a stationary unidentified vehicle or unindemnified vehicle; or

(ii) a door of a stationary unidentified vehicle or unindemnified vehicle that is being opened; or

(c) a collision in Victoria between a pedal cycle and—

(i) an open door of an unidentified vehicle or unindemnified vehicle; or

(ii) a door of an unidentified vehicle or unindemnified vehicle that is being opened.

S. 96(1A) inserted by No. 18/2022 s. 34(1).

(1A) A natural person who could have obtained a judgment against the owner or driver of the unidentified vehicle or unindemnified vehicle in the case of a transport accident mentioned in subsection (1)(a) or (b), or against the person who opened or was opening the door of the unidentified vehicle or unindemnified vehicle in the case of a transport accident mentioned in subsection (1)(c), may recover in proceedings against the Commission a sum equivalent to the lesser of—

(a) the amount for which the person could have obtained judgment against the owner or driver of the unidentified vehicle or unindemnified vehicle, or the person who opened or was opening the door of the unidentified vehicle or unindemnified vehicle (as the case requires); or

(b) the amount for which the Commission would have been liable if that vehicle had been identified and subject to the indemnity under section 94.

S. 96(2) amended by Nos 49/2018 s. 9(2), 18/2022 s. 34(2).

(2) Damages in respect of a relevant transport accident can only be recovered if—

(a) the person, within a reasonable time after he or she knew that the vehicle was an unidentified vehicle, gave the Commission notice in writing of intention to make the claim, setting out—

(i) the full name and residential address of the person who died or was injured and, as appropriate, the full name and residential address of the person seeking to recover damages; and

(ii) the date and place of the accident; and

(iii) the general nature of the injuries; and

(iv) a short statement of the circumstances of the accident; or

(b) where notice is not given as required by paragraph (a), the person satisfies the court that the Commission has not been materially prejudiced in its defence to the proceedings for the recovery of damages by any failure of the person to give the notice at the proper time or by any omission or insufficiency or defect in the notice.