THIRD-PARTY RISK

New Zealand Herald, Volume LXIX, Issue 21258, 11 August 1932, Page 11

THIRD-PARTY RISK

LOOPHOLE IN THE ACT CRITICISM BY MOTORISTS AMENDMENT TO BE SOUGHT " We wero given to understand thni the car, and not tlie driver, carried tlio third-party insurance," .said Mr. A. Craysun, president of (lie Auckland Automobile Association, at a meeting of the council of tlie association last evening, when a, letter was received from tlio North Island Motor Union pointing out that tlio third-party cover under the Motor Vehicles Insurance Act., 1928, was not absoluto, as believed by motoring associations. The letter stated thai an important point arose out of the case, Findlater versus the Public. Trustee and the Queensland Insurance Company, under the Motor Vehicles Insurance (Third Party Risks) Act, 1928. The history of the case was that a motorist, being clearly negligent, caused an accident and serious injury to another party, and was himself fatally injured. 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 the third party was injured, the deceased also brought about his own death by his negligence, and the right of the plaintiff against the deceased died with his death. Insurance companies received the thirdparty premium, but if the insured died following an accident he had caused through negligence, the injured party had no claim, Mr. Grayson said. The whole" idea of third-party insurance was that if an. unfinancial person went on the road with a motor vehicle and caused death or suffering, the injured party should not suffer on account of the driver's lack of estate. 4 The council agreed that amending legislation was necessary. The matter will bo further discussed by the North Island Motor Union.