Section 5.3 — Motor Accident Injuries Act 2017 (NSW)

Presumption that motor accident is no-fault

(cf s 7C MACA)
(1) In proceedings on a claim for damages in respect of the death of or injury to a person resulting from a motor accident, an averment by the plaintiff that the motor accident was a no-fault motor accident is evidence of that fact in the absence of evidence to the contrary.
(2)

Sourced from the New South Wales Legislation website at 9 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 4.22 — Indexation of maximum for non-economic loss damages
s 5.1 — Definition of “no-fault motor accident”
s 5.2 — Liability in case of no-fault motor accident
s 5.4 — No recovery of damages for driver who caused accident
s 5.5 — Contributory negligence
s 5.6 — Recovery of contribution to damages from person actually at fault

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