Section 5.7 — Motor Accident Injuries Act 2017 (NSW)

No recovery by Nominal Defendant unless owner or driver actually at fault

(cf s 7H MACA)
The Nominal Defendant is not entitled to recover any amount under section 2.37 (Recovery from owner or driver) from the owner or driver of a motor vehicle in respect of amounts properly paid by the Nominal Defendant in connection with the operation of this Part unless the motor accident concerned was actually caused by the fault of the owner or driver of the motor vehicle in the use or operation of the vehicle.

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 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
s 5.8 — Other entitlements not affected
s 6.1 — Motor Accident Guidelines may deal with the handling of claims
s 6.2 — Meaning of “full and satisfactory explanation” by claimant

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