Plain language law

New Zealand law explained for everyone

Accident Compensation Act 2001

Cover - Key terms relating to cover

35: Motor vehicle injury

You could also call this:

"When you can get help if you're hurt in a car accident"

Motor vehicle injury means when you get hurt because a car or other vehicle is moving, or when a stopped car is hit by another vehicle or something else that's moving. But it doesn't include mental injuries that happen because of work.

There are some times when getting hurt involving a car isn't counted as a motor vehicle injury. These include when you're loading or unloading a car, fixing or servicing it, using a car for something other than travel, or using a car off-road.

However, if you're off-road because the car is out of control or has been in an accident, that still counts as a motor vehicle injury.

If you get hurt in a way that's both related to work and involves a motor vehicle, there's another rule (section 29) that decides how to handle it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM100947.

Topics:
Health and wellbeing > Healthcare servicesTransport and travel > Driving
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"Rules for injuries from medical mistakes before July 2005"

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36: Date on which person is to be regarded as suffering mental injury, or

"When the law says you have a mental injury"

Part 2Cover
Key terms relating to cover

35Motor vehicle injury

  1. Motor vehicle injury—

  2. means—
    1. a personal injury suffered because of the movement of a motor vehicle; or
      1. a personal injury suffered because of a stationary motor vehicle being struck by another motor vehicle or some other means of conveyance; but
      2. does not include a personal injury that is a work-related mental injury.

        1. However, motor vehicle injury does not include a personal injury suffered—

        2. in the course of loading, unloading, repairing, or servicing a motor vehicle; or
          1. in the course of any use of a motor vehicle other than as a means of conveyance; or
            1. in the course of off-road use of a motor vehicle.

              1. In subsection (2)(c), off-road use does not include use that is off-road as a direct result of the motor vehicle being out of control or having been involved in an accident.

              2. This section is subject to section 29 (personal injuries that are both work-related and motor vehicle injuries).

              Notes
              • Section 35(1): substituted, on , by section 11 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).