Automated and Electric Vehicles Act 2018
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Change 1
5 Right of insurer etc to claim against person responsible for accident
(1) Where— (a) section 2 imposes on an insurer, or the owner of a vehicle, liability to a person who has suffered damage as a result of an accident (“the injured party”), and (b) the amount of the insurer's or vehicle owner's liability to the injured party in respect of the accident (including any liability not imposed by section 2) is settled, any other person liable to the injured party in respect of the accident is under the same liability to the insurer or vehicle owner. (2) For the purposes of this section, the amount of the insurer's or vehicle owner's liability is settled when it is established— (a) by a judgment or decree, (b) by an award in arbitral proceedings or by an arbitration, or (c) by an enforceable agreement. (3) If the amount recovered under this section by the insurer or vehicle owner exceeds the amount which that person has agreed or been ordered to pay to the injured party (ignoring so much of either amount as represents interest), the insurer or vehicle owner is liable to the injured party for the difference. (4) Nothing in this section allows the insurer or vehicle owner and the injured party, between them, to recover from any person more than the amount of that person's liability to the injured party. (5) For the purposes of— (a) section 10A of the Limitation Act 1980 (special time limit for actions by insurers etc in respect of automated vehicles), or (b) section 18ZC of the Prescription and Limitation (Scotland) Act 1973 (actions under this section), the right of action that an insurer or vehicle owner has by virtue of this section accrues at the time of the settlement referred to in subsection (1)(b).
5 Right of insurer etc to claim against person responsible for accident
(1) Where— (a) section 2 imposes on an insurer, or the owner of a vehicle, liability to a person who has suffered damage as a result of an accident (“the injured party”), and (b) the amount of the insurer's or vehicle owner's liability to the injured party in respect of the accident (including any liability not imposed by section 2) is settled, any other person liable to the injured party in respect of the accident is under the same liability to the insurer or vehicle owner. (2) For the purposes of this section, the amount of the insurer's or vehicle owner's liability is settled when it is established— (a) by a judgment or decree, (b) by an award in arbitral proceedings or by an arbitration, or (c) by an enforceable agreement. (3) If the amount recovered under this section by the insurer or vehicle owner exceeds the amount which that person has agreed or been ordered to pay to the injured party (ignoring so much of either amount as represents interest), the insurer or vehicle owner is liable to the injured party for the difference. (4) Nothing in this section allows the insurer or vehicle owner and the injured party, between them, to recover from any person more than the amount of that person's liability to the injured party. (5) For the purposes of— (a) section 10A of the Limitation Act 1980 (special time limit for actions by insurers etc in respect of automated vehicles), or (b) section 18ZC of the Prescription and Limitation (Scotland) Act 1973 (actions under this section), the right of action that an insurer or vehicle owner has by virtue of this section accrues at the time of the settlement referred to in subsection (1)(b).
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