THIRD PARTY BISK

New Zealand Herald, Volume LXIX, Issue 21250, 2 August 1932, Page 10

THIRD PARTY BISK

AN APPARENT DEFECT NEGLIGENT DRIVER'S DEATH END TO PLAINTIFF'S RIGHT •The opinion that tho third party *qover under tho Motor Vehicles Insurance Act, 1928, was not absolute, as believed by motoring associations, is expressed in a letter received from the North Island Motor Union by tho Auckland Automobile Association. Tho letter states that a very important point arises out of tho case, Findlater versus tho Public Trustee and the Queensland Insurance Company, under tho Motor Vehicles Insurance (Third Party .Risks) Act, 1928. Tho history of the case is that a motorist, being clearly negligent, caused an nccident and serious injury to another party, and was himself fatally injured. Briefly, the Court held that, although the deceased was negligent and caused an accident whereby, in addition to doing serious damage or injury to the third party, the property of tho third party was injured, the deceased also brought about his own death by his negligence, and the right of tho plaintiff against the deceased died with his death. Therefore plaintiff's caso against tho insuranco company accordingly failed. It was intended when the third party insurance _ Act was passed that, where a negligent motorist who was impecunious caused death or suffering, the injured party should not suffer because of the negligent motorist's lack of estate, adds tho letter. That, of course, was given effect to, but was of no value if the negligent party fails to survive the accident. The union expresses the opinion that the matter should be taken up by motoring associations in protecting their members. The letter said the effect of the decision in tho caso mentioned really meant that the third party cover was not absolute, as was previously believed. The matter will be discussed at the next meeting of tho council of the association.