Section 6.17 — Motor Accident Injuries Act 2017 (NSW)

(cf s 78 MACA)
(1) When a claim is made against a person, the person’s insurer may—
(a) conduct and control negotiations in respect of the claim, and
(b) conduct, or take over the conduct of, any legal proceedings in respect of the claim and may conduct those proceedings in the name and on behalf of the person, and
(c) at any stage of those negotiations or proceedings, compromise or settle the claim, and
(d) exercise any function conferred by this Act on the person in respect of the claim.
(2) The person against whom the claim is made is required to sign all such warrants, authorities and other documents as may be necessary to give effect to this section.
(3) If the person fails to do so or is absent or cannot be found, the insurer may sign the warrants, authorities or other documents on behalf of the person.
(4) Nothing said or done by an insurer under this section in connection with the settlement of a claim or the conduct of proceedings in respect of a claim is to be regarded as an admission of liability in respect of or in any way prejudice any other claim, action or proceeding arising out of the same occurrence.

Related sections

• s 6.14 — Time for making of claims for damages
• s 6.15 — How notice of claims given
• s 6.16 — Insured not to admit liability or act in respect of claim
• s 6.18 — Power of insurer to intervene in legal proceedings
• s 6.19 — Acceptance of liability for claim for statutory benefits
• s 6.20 — Duty of insurer with respect to admission or denial of liability in claim for damages

Research how courts apply s 6.17

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