Superior Court Rules

ORDER 91

THE ROAD TRAFFIC ACTS, 1961 TO 1978

1. Any application for an order against a vehicle insurer or a vehicle guarantor under the Road Traffic Act, 1961, section 76, shall be by motion on notice, in the action in which the claimant has recovered judgment or, if there is no such action, entitled in the matter of the said Act and section and in the matter of the intended proceeding.

2. Where the claimant has recovered judgment, every such application shall be brought within six months of the date of such judgment or within such further time as the court may allow.

3. (1) The notice of motion shall be served upon such vehicle insurer or vehicle guarantor and, where the claimant has recovered judgment, upon the person against whom such judgment was recovered or the personal representative of such person at least four clear days before the date named in the notice of motion for the hearing thereof; provided that the court may upon the hearing of such motion dispense with service upon the person against whom judgment was recovered or his personal representative or may in lieu of personal service upon such person or his personal representative as aforesaid declare any service actually effected sufficient.

(2) The service of such notice of motion upon such vehicle insurer or vehicle guarantor may be effected by sending the same by registered post either to the head office or to the principal office in Ireland of such vehicle insurer or vehicle guarantor.

4. Where a claimant under the said section 76 is an infant or a person of unsound mind not so found by inquisition, the provisions of Order 22, rule 10, shall apply to any sum in respect of which such claimant obtained an order under the said section in like manner as if such claimant had recovered such sum in an action against such vehicle insurer or vehicle guarantor.

5. The costs of and incidental to every application under this Order shall be in the discretion of the court.

6. Words and phrases in this Order shall have the same meaning as in the said section 76.

Subscribe to our newsletter

Please enable the javascript to submit this form

Contact

Lonsdale Law Publishing

Lonsdale House

Avoca Avenue

Blackrock

Co. Dublin

 

Office Open: Monday – Friday | 9 a.m. – 5.30 p.m. (Irish time) | Tel: +353 (0)1 278 5090 | E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.