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Medical Assurance Society New Zealand Limited v William Finepolo [2016] NZDC 12626

Published 17 February 2017

Cost of repairing vehicle — insurance — interpretation of New Zealand Road Code. The plaintiff sought the cost of repairing a vehicle pursuant to its right of subrogation under an insurance policy. The repair costs claimed totalled $28,008.94 which was not in dispute. Because there was no third party evidence to verify either drivers' case, the plaintiff attempted to rely upon the Road Code to the extent that the defendant should not have proceeded to turn right unless it was safe to do so, even with a green turning arrow. The Judge disagreed with this interpretation and dismissed the claim because it was impossible to determine who was at fault. At the time of the accident the defendant was a disqualified driver. The Judge determined the disqualification was not material to the cause of the accident. Judgment Date: 18 July 2016.

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