Section 5.4 — Motor Accident Injuries Act 2017 (NSW)

(cf s 7E MACA)
(1) There is no entitlement to recover damages because of the operation of this Part in respect of the death of or injury to the driver of a motor vehicle if the motor accident concerned was caused by an act or omission of that driver.
(2) The death of or injury to a person is taken to have been caused by an act or omission of the driver for the purposes of subsection (1) even if—
(a) the act or omission does not constitute fault by the driver in the use or operation of the vehicle, or
(b) the act or omission was involuntary, or
(c) the act or omission was not the sole or primary cause of the death or injury.

Related sections

• s 5.1 — Definition of “no-fault motor accident”
• s 5.2 — Liability in case of no-fault motor accident
• s 5.3 — Presumption that motor accident is no-fault
• s 5.5 — Contributory negligence
• s 5.6 — Recovery of contribution to damages from person actually at fault
• s 5.7 — No recovery by Nominal Defendant unless owner or driver actually at fault

Research how courts apply s 5.4

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