DAMAGES FOR INJURY

Press, Volume LXXIII, Issue 22249, 13 November 1937, Page 16

DAMAGES FOR INJURY

MOTOR ACCIDENT CLAIMS AMENDMENTS TO LAW SOUGHT IFrom Our Parliamentary Reporter.! WELLINGTON, November 12. Anomalies in dealing with claims for damages arising from motor accidents were mentioned by Mr A. C. A. Sexton (Independent, Franklin), in giving notice of two separate questions to the Attorney-General (the Hon. H. G. R. Mason) in the House of Representatives to-day. Mr Sexton contended that in several respects changes made in the Law Reform Act mu ye ™. ere operating unfairly, u ™ ,nist er's attention was drawn by Mr Sexton to a recent case in which 5 e i9 oUrt had decided that leave should not be given to issue a thirdParty notice to the husband of the plaintiff, who was suing the driver of another car for damages for injuries allegedly received by her because of the negligence of that driver The defendant alleged contributory negligence against the plaintiff's husband who was the driver of the car in which the plaintiff was a passenger, but the Court refused to grant the leave asked for on the ground that the husband could not be made a contributory because his wife could not sue him for damages in that respect. Mr Sexton asked if the Attorney-General would bring down an amendment to the Law Reform Act to remedy an obvious injustice.

_ The effect of this decision." he said, 'is that if a wife is injured in ah accident arising out of the joint negligence of her husband, who is driving the car in which she is a passenger at the time of the accident, and the driver of another vehicle, then the latter driver is liable for the full amount of the damages assessed. He can £et no contribution toward these damages from the husband, whereas if the plaintiff was a passenger in a car driven by any other person, that person would be called on to contribute."

The other question raised by Mr Sexton concerned "the extraordinary results" arising from a section of the Law Reform Act dealing with the amount of claims for damages. He asked whether the Attorney-General had noted the amounts of verdicts given since the alteration had been made in the law, and if he would take the necessary steps to have a further alteration made. "A claim was before the Courts recently for a total sum of £9000," said Mr Sexton, "and in another instance a verdict was given for £ISOO in a fatal accident involving a child about four years of age. Large numbers of motorists do not realise that an accident may now result in a verdict for heavy damages far in excess of their insurance cover."