When may the Fund form the subrogation claim consultation and mediation body, and who must stand on the other side of it?
General information · Not legal advice
Material to check
In a practice file of this kind we read the papers showing the Fund exercising its subrogation claim against an insurance company etc., the statement setting out the amount claimed, the records identifying the other side as an insurance company etc. under the Automobile Damage Recovery Insurance Act, and the Fund's own rules on the body's composition and operation.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading keeps every condition on the actor and the counterparty: the Fund may, where it exercises its subrogation claim against an insurance company etc. as the Automobile Damage Recovery Insurance Act defines it, form and operate the body together with that counterparty, for the purpose of consulting and mediating the amount claimed, and the Fund then sets whatever matters of composition and operation prove necessary.
Another reading stresses that the provision writes 'may', so forming the body is open to the Fund rather than required, and that what the Fund is left to set is the composition and operation 'and other necessary matters', so the provision itself says nothing about what those rules must contain or what standing the body's consultation and mediation gives either side.
Your judgment
If the other side disputes whether the Fund holds a subrogation right at all, how far can consultation and mediation of the amount claimed reach that dispute?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change who may join the body or to make its operation compulsory, or if a court decision rules on how far consultation and mediation of the amount affects the Fund's exercise of the claim.