Motor vehicles insurance third party risks ordinance cap 272,vin lookup usa phone,car history vin check free online,car dealership in us - New On 2016

That section embodies a requirement for notice of proceedings to be served on the insurance company of a defendant, within 10 days of the filing of the claim, failing which the insurance company need not provide coverage in respect of a judgment against the defendant.
These Civil Procedure Rules make nonsense of the ‘ten (10) days after proceedings are commenced’ stipulation of the aforementioned Act, in that the claimant can wait all of 12 months after commencing proceedings to serve the claim on the defendant, leaving him and his insurers completely unaware that he [the claimant] had, one year ago, started the proceedings! What this means is that despite the fact that the above-mentioned section of the Motor Vehicles Insurance (Third Party-Risks) Act does not place the responsibility of giving notice on any particular party, the effect of that section, read in conjunction with the above-mentioned Civil Procedure Rules, is that the claimant is vested with the great power of determining whether or not the defendant is ultimately covered under his insurance policy and at the risk of sounding clichE, with great power, comes great responsibility. A defendant may be completely unaware of the commencement of proceedings by the claimant for all of 12 months before the claim form is served on him, and in his innocent ignorance, may thereby lose the opportunity to notify his insurers of the pending claim against him within the 10-day period stipulated by the Act.
Should the claimant fail to serve the claim form on the defendant within that 10-day time frame (which by virtue of the Civil Procedure rules cited above, he is entitled to do) and in so doing fail to serve notice of the proceedings on the defendant’s insurance company within that time, it is open to that insurance company to then deny coverage of the judgment awarded against the defendant, leaving the defendant exposed not covered by his own policy. Motorists should know that they would have wasted paying their motor vehicle premiums and may be exposed by the failure of the party suing them to pay millions out of their own pockets, while the insurance company goes off scot-free, with no liability, keeping all their premiums for itself.
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That section, therefore, provides no practical protection to the parties and the danger thus continues to loom. The pro-insurance clause in Section 18 (2) of the law above must necessarily be repealed to ensure that both insured and the injured are protected under the relevant insurance policy following an accident.
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06.07.2014 admin



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