Section 1.9 — Motor Accident Injuries Act 2017 (NSW)

(cf s 3A MACA)
(1) This Act (including any third-party policy under this Act) applies in respect of the death of or injury to a person that results from the use or operation of a motor vehicle only if the death or injury is a result of and is caused (whether or not as a result of a defect in the vehicle) during—
(a) the driving of the vehicle, or
(b) a collision, or action taken to avoid a collision, with the vehicle, or
(c) the vehicle’s running out of control, or
(d) a dangerous situation caused by the driving of the vehicle, a collision or action taken to avoid a collision with the vehicle, or the vehicle’s running out of control.
(2) This Act (including any third-party policy under this Act) does not apply in respect of an injury that arises gradually from a series of incidents.

Related sections

• s 1.6 — Meaning of “threshold injury”
• s 1.7 — Determination of threshold degree of permanent impairment of injured person who suffers both physical and psychological/psychiatric injuries
• s 1.8 — Application of Act to motor accidents occurring after commencement of Act
• s 1.10 — Restrictions on application of Act—accident must be insured or work accident
• s 1.10A — Liability of Nominal Defendant
• s 1.11 — Application of Part 6 (Motor accident claims), Part 7 (Dispute resolution) and Division 10.3 (Bulk billing arrangements)

Research how courts apply s 1.9

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.