MOTOR ACCIDENTS
PROPOSED LAW
EFFECT ON INSURANCE
RATES
(By Telegraph—Press Association.) . INVERCARGILL, September 8. A substantial increase in the rates charged by insurance companies on motor-car third-party* risks was predicted by an Invercargill lawyer in the event of the Government's proposal to do away with the need lor proving negligence as a basis of damages for hi juries caused by motor-cars' becoming law. . \ The law as it stood at present, ha said, was that before anyone could recover damages he myst prove negligence on the part of the driver of the car. Under the Workers Compensation Act, however, if a worker was injured in the course of his employment the question of negligence; did not arise, but it was provided under section 15 that no compensation should be payable for any accident attributable to serious and wilful misconduct o£ workers unless it resulted in death or serious and permanent disablement. In other words, even if a worker wa3 guilty of culpable and wilful misconduct he was entitled to compensation if the injuries resulted in death or serious disablement. ; "The proposed alteration to the law, therefore, where it deals with motorists, provides that every person injured shall be protected," he said. "At the present time, for instance, before a person can recover damages through a motor accident he has to prove negligence, and it is always open to a driver to prove contributory negligence. If the person injured proves that the motorist had a later opportunity of exercising reasonable care in avoiding the. accident that defence will not avail. "Under the proposed legislation there is a fear that the motorist will not exercise the same care that he has to now, and also the third party may likewise not take care. From a financial aspect the proposed legislation will probably result in an enormous burden of taxation on every motorist, as insurance rates are bound to be materially increased to meet the increased liability." ■
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https://paperspast.natlib.govt.nz/newspapers/EP19370909.2.144
Bibliographic details
Evening Post, Volume CXXIV, Issue 61, 9 September 1937, Page 17
Word Count
323MOTOR ACCIDENTS Evening Post, Volume CXXIV, Issue 61, 9 September 1937, Page 17
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