ABSOLUTE LIABILITY

Greymouth Evening Star, 21 February 1940, Page 3

ABSOLUTE LIABILITY

GREY MOTORISTS OBJECT. “The proposal is opposed to the general principles of law, and it is going to mean an increase in insurance premiums, which motorists, at least, think are already too high, if all liability is to be put on the motorist,” said Mr P. C. Heaphy, chairman, at last evening’s meeting of the Grey branch of the Automobile Association (Canterbury), during a discussion that arose on the fact that the Minister of Justice (Mr Mason) has appointed a. committee to report on the proposal that, in the case of motor accidents involving personal injury, the absolute liability ’ for damages should rest on the motorist. Mr Heaphy said ..he did not know whether, on the other side of the ledger, it was proposed to limit the amount of damages, but one danger of the proposal was that it might lead to a ramp similar to that which had arisen in England, where people had deliberately thrown themselves in front of cars to get compensatory damages. There was also the danger of collusion, and altogether the proposal promised to be a very serious thing for motorists. Dr. W. McKay asked whether the secretary had received any details of the proposed scheme. For example, it might be proposed to make damages more limited thefii they were at present. He did not think they could discuss the matter intelligently, until they had all the details. They had been told the proposal meant absolute liability. But. “absolute liability” was merely a name like Mesopotamia. He did not . know the full implication be--1 hind it.

Mr Heaphy said that the proposal had been made two years ago, but was withdrawn at that time. However, the Minister of Justice had now decided to re-open the matter and had appointed a committee to investigate the proposal. Absolute liability would' apply only to accidents in which there was personal injury, that was to accidents covered by the third party policy. If .the proposal were adopted, the only question at issue would .be the amount of damages, and that might,lead .to litigation. Mr W. F. Harley: It will make the motorist liable for damages whether he is in the right of in the wrong. Mr Heaphy: The South Island Motor Union opposed it on that ground. Mr M. J. Fogarty: I think we should support the Motor Union. Mr Harley: Yes. They have some hard legal heads among them. The proposal is a terrible ime. It means that you will be held responsible even if a "cyclist, through his own negligence, runs full tilt into your motor car.

Mr Fogarty moved that the Grey Branch support the Automobile- Association (Canterbury) and the S-I.M.U. in their opposition to the proposal. jyir B. W. .Caulton seconded the motion, which was carried. Dr. McKay suggested that the secretary- should endeavour "to get more details about the proposal. It seemed to him that there might be details aboitt -which they' were not' aware. ' Mr Heaphy: The Minister of 'Justice has set up a committee to investigate tile proposal, and he Kas included no motorists on that conimittee. 'We are just endorsing the protest of the S.I.M.U. -on .that ground, and on the general principle of absolute Ifa--1 bility. !