under what circumstances wouldnt MAIB not pay out in a car accident death or doesnt that matter if you are not the driver?
State or Territory: Tasmania
If your sister was not the driver then it unlikely that she would be considered signficantly liable but that is not the only criteria which may exclude a payout by MAIB. for example MAIB may not payout on claims for accidents which do not happen on a public road, for example.
The main problems in the case you previously outlined to me is that the proposed claim against MAIB was out of time (claims are supposed to be lodged within 12 months of the accident); and that claims are only payable to dependent children. So if the court refuses to grant an extension to the time limit, or none of the children were dependent as defined in the Act, then the contemplated claims will fail.
I trust the above assists.
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