Acts and Regulations

I-12 - Insurance Act

Section 266.2
Disposition versions

Full text
Application to Facility Association for payment of damages
266.2(1)A person who would have a cause of action against an owner of an automobile or a driver of an automobile, other than an automobile owned by or under the care and control of the person, for damages for injuries to or the death of any person or damage to property, arising out of the operation, care or control of the automobile in the Province, except a person entitled to make application under section 266.3, may make application on a form provided by the Facility Association for payment by the Facility Association of the damages in respect of such death, personal injury, or property damage.
266.2(2)Upon receipt of an application under subsection (1), the Facility Association shall, by registered or certified mail, forward a notice of the application for payment by the Facility Association to the owner and the driver of the automobile against whom liability for the damages occasioned by the operation of the automobile is alleged, to their latest known addresses or to their latest addresses as recorded with the Registrar of Motor Vehicles.
266.2(3)The Facility Association may, in respect of an application made under subsection (1), make payment, subject to the same conditions, limits, deductions and exclusions which would apply to an application by a judgment creditor in accordance with sections 266.3 to 266.993, with the necessary modifications, of an amount that it considers proper in all the circumstances if
(a) the applicant executes a release under seal of all claims arising out of the automobile accident, subject to subsections 266.1(6) and (7), that occasioned the damages to be paid by the Facility Association, and
(b) subject to paragraph (c), the owner and driver of the automobile against whom liability for the damages occasioned by the operation of the automobile is alleged, execute a consent to the payment of the sum for damages by the Facility Association and also execute under seal an undertaking in a form provided by the Facility Association to repay to the Facility Association the amount to be paid by the Facility Association, or
(c) the person to whom a notice is sent in accordance with subsection (2) does not reply within thirty days of the date upon which the notice was sent either
(i) by mail, or
(ii) by attending in person at the place named in the notice,
and dispute liability to the person making application under subsection (1).
266.2(4)Where an amount is paid out by the Facility Association under subsection (3) or (5), the Facility Association shall, to the extent of the amount paid out, be deemed to be a creditor of every person against whom liability for the damages occasioned by the operation of the automobile is alleged and who was given notice under subsection (2), and upon the filing with a clerk of the court of a certificate of the Facility Association in a form prescribed by regulation stating the amount paid out, judgment may be entered in that amount in the name of the Facility Association as a judgment of the court, and, without the consent of the Facility Association, no execution under a judgment obtained with respect to the damages referred to above shall be made by any person other than the Facility Association against the property of the judgment debtor until the judgment debt of the Facility Association is satisfied.
266.2(5)The Facility Association may in its discretion make interim payments to claimants claiming damages for personal injury where the responsible person or persons do not dispute their liability after a notice is sent to them in accordance with subsection (2).
1989, c.17, s.6; 1991, c.27, s.19; 2023, c.17, s.114
Application to Facility Association for payment of damages
266.2(1)A person who would have a cause of action against an owner of an automobile or a driver of an automobile, other than an automobile owned by or under the care and control of the person, for damages for injuries to or the death of any person or damage to property, arising out of the operation, care or control of the automobile in the Province, except a person entitled to make application under section 266.3, may make application on a form provided by the Facility Association for payment by the Facility Association of the damages in respect of such death, personal injury, or property damage.
266.2(2)Upon receipt of an application under subsection (1), the Facility Association shall, by registered or certified mail, forward a notice of the application for payment by the Facility Association to the owner and the driver of the automobile against whom liability for the damages occasioned by the operation of the automobile is alleged, to their latest known addresses or to their latest addresses as recorded with the Registrar of Motor Vehicles.
266.2(3)The Facility Association may, in respect of an application made under subsection (1), make payment, subject to the same conditions, limits, deductions and exclusions which would apply to an application by a judgment creditor in accordance with sections 266.3 to 266.993, with the necessary modifications, of an amount that it considers proper in all the circumstances if
(a) the applicant executes a release under seal of all claims arising out of the automobile accident, subject to subsections 266.1(6) and (7), that occasioned the damages to be paid by the Facility Association, and
(b) subject to paragraph (c), the owner and driver of the automobile against whom liability for the damages occasioned by the operation of the automobile is alleged, execute a consent to the payment of the sum for damages by the Facility Association and also execute under seal an undertaking in a form provided by the Facility Association to repay to the Facility Association the amount to be paid by the Facility Association, or
(c) the person to whom a notice is sent in accordance with subsection (2) does not reply within thirty days of the date upon which the notice was sent either
(i) by mail, or
(ii) by attending in person at the place named in the notice,
and dispute liability to the person making application under subsection (1).
266.2(4)Where an amount is paid out by the Facility Association under subsection (3) or (5), the Facility Association shall, to the extent of the amount paid out, be deemed to be a creditor of every person against whom liability for the damages occasioned by the operation of the automobile is alleged and who was given notice under subsection (2), and upon the filing with a clerk of The Court of Queen’s Bench of New Brunswick of a certificate of the Facility Association in a form prescribed by regulation stating the amount paid out, judgment may be entered in that amount in the name of the Facility Association as a judgment of The Court of Queen’s Bench of New Brunswick, and, without the consent of the Facility Association, no execution under a judgment obtained with respect to the damages referred to above shall be made by any person other than the Facility Association against the property of the judgment debtor until the judgment debt of the Facility Association is satisfied.
266.2(5)The Facility Association may in its discretion make interim payments to claimants claiming damages for personal injury where the responsible person or persons do not dispute their liability after a notice is sent to them in accordance with subsection (2).
1989, c.17, s.6; 1991, c.27, s.19
Application to Facility Association for payment of damages
266.2(1)A person who would have a cause of action against an owner of an automobile or a driver of an automobile, other than an automobile owned by or under the care and control of the person, for damages for injuries to or the death of any person or damage to property, arising out of the operation, care or control of the automobile in the Province, except a person entitled to make application under section 266.3, may make application on a form provided by the Facility Association for payment by the Facility Association of the damages in respect of such death, personal injury, or property damage.
266.2(2)Upon receipt of an application under subsection (1), the Facility Association shall, by registered or certified mail, forward a notice of the application for payment by the Facility Association to the owner and the driver of the automobile against whom liability for the damages occasioned by the operation of the automobile is alleged, to their latest known addresses or to their latest addresses as recorded with the Registrar of Motor Vehicles.
266.2(3)The Facility Association may, in respect of an application made under subsection (1), make payment, subject to the same conditions, limits, deductions and exclusions which would apply to an application by a judgment creditor in accordance with sections 266.3 to 266.993, with the necessary modifications, of an amount that it considers proper in all the circumstances if
(a) the applicant executes a release under seal of all claims arising out of the automobile accident, subject to subsections 266.1(6) and (7), that occasioned the damages to be paid by the Facility Association, and
(b) subject to paragraph (c), the owner and driver of the automobile against whom liability for the damages occasioned by the operation of the automobile is alleged, execute a consent to the payment of the sum for damages by the Facility Association and also execute under seal an undertaking in a form provided by the Facility Association to repay to the Facility Association the amount to be paid by the Facility Association, or
(c) the person to whom a notice is sent in accordance with subsection (2) does not reply within thirty days of the date upon which the notice was sent either
(i) by mail, or
(ii) by attending in person at the place named in the notice,
and dispute liability to the person making application under subsection (1).
266.2(4)Where an amount is paid out by the Facility Association under subsection (3) or (5), the Facility Association shall, to the extent of the amount paid out, be deemed to be a creditor of every person against whom liability for the damages occasioned by the operation of the automobile is alleged and who was given notice under subsection (2), and upon the filing with a clerk of The Court of Queen’s Bench of New Brunswick of a certificate of the Facility Association in a form prescribed by regulation stating the amount paid out, judgment may be entered in that amount in the name of the Facility Association as a judgment of The Court of Queen’s Bench of New Brunswick, and, without the consent of the Facility Association, no execution under a judgment obtained with respect to the damages referred to above shall be made by any person other than the Facility Association against the property of the judgment debtor until the judgment debt of the Facility Association is satisfied.
266.2(5)The Facility Association may in its discretion make interim payments to claimants claiming damages for personal injury where the responsible person or persons do not dispute their liability after a notice is sent to them in accordance with subsection (2).
1989, c.17, s.6; 1991, c.27, s.19