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Personal Injury – MVIL
Questions and answers on motor vehicle accident claims in Papua New Guinea - compulsory third party insurance, Motor Vehicles Insurance Limited (MVIL), the six-month notice, who can claim after an injury or a death, Basic Protection Compensation, and how the National and Supreme Courts assess damages.
Every registered motor vehicle in Papua New Guinea carries a compulsory third party insurance cover under the Motor Vehicles (Third Party Insurance) Act (Chapter 295). The cover does one thing: it insures the owner and whoever is driving against liability for death or bodily injury caused by or arising out of the use of the vehicle. Section 54 then does something unusual - it takes the claim away from the driver and owner and directs it at the insurer, Motor Vehicles Insurance Limited (MVIL), and it makes a written notice within six months a condition of suing at all. This series explains the scheme, the claim, the no-fault death payment under the Basic Protection Compensation Act (Chapter 296), and the principles the courts apply when they put a kina figure on an injury or a death.
Jump to a subject
29 questions and answers, grouped by subject.
- The compulsory insurance scheme — 5 questions
- Making a claim against MVIL — 6 questions
- Proving liability — 5 questions
- Assessing damages — 5 questions
- Death claims and Basic Protection Compensation — 5 questions
- Offences, recovery and practice points — 3 questions
The compulsory insurance scheme
What compulsory third party insurance is, what it covers and what it does not, who Motor Vehicles Insurance Limited is, how the cover attaches to registration, and who regulates the industry.
What Is Compulsory Third Party Insurance in Papua New Guinea?
The PNG Motor Vehicles (Third Party Insurance) Act (Chapter 295) explained: what compulsory third party insurance is, why it exists, what it pays for, who pays claims, and how it differs from comprehensive insurance.
Read the answer → No. 2Who Is Motor Vehicles Insurance Limited (MVIL)?
The history and legal status of MVIL in PNG: the 1974 Motor Vehicles Insurance (PNG) Trust, the 1996 Administrative Arrangements Act, the 1998 transfer to a successor company, the 2002 Industry Act, State ownership and why the courts treat MVIL as the State.
Read the answer → No. 3What Does Third Party Insurance Actually Cover?
Section 49(2) of the PNG Motor Vehicles (Third Party Insurance) Act: the liability insured, the K150,000 and K750,000 limits, when the cover starts and the 15-day grace period after registration expires, and why interest and costs are not caught by the cap.
Read the answer → No. 6What Counts as a “Motor Vehicle” and a “Street” Under the Act?
The definitions of "motor vehicle", "street" and "public street" in the PNG Motor Vehicles (Third Party Insurance) Act, the 2021 amendment extending the scheme to mine-site and plantation equipment, and the 2022 New Porgera exception.
Read the answer → No. 7What Does Third Party Insurance Not Cover?
The gaps in PNG compulsory third party insurance: no cover for vehicle or property damage, none for an owner-driver's own injuries (Kiak v Tora Enterprises), the section 51 exclusions for contractual liability and workers' compensation, and how section 54(7) treats workers' compensation as damages.
Read the answer →Making a claim against MVIL
Why the claim goes to MVIL and not the driver, the six-month notice under section 54(6), extensions of time, uninsured and unidentified vehicles before and after the 2021 amendment, and the time limits for suing.
Who Do I Sue After a Motor Vehicle Accident — the Driver, the Owner or MVIL?
Section 54(1) of the PNG Motor Vehicles (Third Party Insurance) Act explained: why the claim goes against MVIL and not the driver, when the owner and driver can be joined, the Wrongs Act deeming MVIL a tortfeasor, claims where the driver is dead, missing or the claimant's spouse, and the three things a claimant must prove.
Read the answer → No. 10What Is the Section 54 Notice and Why Does It Matter So Much?
Section 54(6) of the PNG Motor Vehicles (Third Party Insurance) Act: the six-month notice of intention to claim against MVIL, Rundle v MVIT and the condition precedent rule, why a writ is not a notice, what happens if the notice is late, and who must give it.
Read the answer → No. 12What If I Miss the Six-Month Notice Period?
Extensions of time to give notice to MVIL under section 54(6) of the PNG Motor Vehicles (Third Party Insurance) Act: applying to the Insurance Commissioner or the National Court, the meaning of "sufficient cause", the Rundle sequence, prejudice, ignorance of the law, lawyers' default, and giving notice within the extended period.
Read the answer → No. 13Can MVIL Be Stopped From Relying on a Missing Notice?
Estoppel and waiver against the section 54(6) notice requirement in PNG: Kerowa v MVIL and Kumba v MVIT on why MVIL's conduct cannot dispense with the statutory notice, the difference between waiver and proof of notice, the Commissioner's duty to act judicially, and judicial review of extension decisions.
Read the answer → No. 14How Long Do I Have to Sue MVIL?
Limitation periods for motor vehicle accident claims against MVIL in PNG: six years for injury under the Frauds and Limitations Act s 16, three years from death for dependency claims under the Wrongs Act s 31 (Ambo v MVIT), when the cause of action accrues (MVIL v Kuri), and how the section 54(6) notice interacts with the limitation period.
Read the answer → No. 20What Happens If My Damages Exceed the MVIL Limit?
The statutory cap in PNG motor accident claims: section 49(2) limits of K150,000 and K750,000, section 54(5) awards of the excess against the owner or driver, pleading and joinder (Pickthall, Pierce), Gigmai v MVIL on compromises, Westcott and the employer's liability, and interest and costs outside the cap.
Read the answer →Proving liability
What the claimant must prove, what "arising out of the use of a motor vehicle" means, passengers and pedestrians, contributory negligence, and the duties of owners and drivers after an accident.
What Must I Prove to Win a Claim Against MVIL?
The elements of a PNG motor vehicle injury claim against MVIL: Moses v MVIT and the three-part test, onus and standard of proof (Kumbe, Kawage), proving the accident and negligence (Jonnah, Goi, Kulau, Nekiye), corroboration by police and medical evidence, and the consequences of pleading defects.
Read the answer → No. 22What Does “Caused By or Arising Out of the Use of a Motor Vehicle” Mean?
The scope of "caused by or arising out of the use of a motor vehicle" in PNG third party insurance law: forklifts and back hoes (Nidop, Terema), reversing and parked vehicles (Nunu), passengers falling from vehicles (Nomane, Kongupi, Sinowa), doors and cargo (Enn, Kuman), boarding a moving vehicle (Nugints), and the causation questions in Kumbe.
Read the answer → No. 23What Standard of Driving Does the Law Expect?
The standard of care in PNG motor vehicle negligence claims: Brown v MVIT and the objective standard, PMV drivers (Paraka, Sos), speed near crowds (David), bad roads (Waine), mechanical failure and burst tyres (Bonnie, Temai), res ipsa loquitur for rollovers (Ambom, Oni), broken-down vehicles (Moka) and drivers who fail to stop when threatened (Tuman).
Read the answer → No. 24Can a Passenger Riding on the Back of a Truck Claim?
Passengers on open-back utilities and trucks in PNG motor accident claims: MVIT v Tabanto on non-PMV vehicles, Kopele and Saka on overcrowding, Wally and Koli on vehicles without seats, Waima and Pyakalo on unregistered vehicles, the owner's share of responsibility, and PMV passengers.
Read the answer → No. 25What Is Contributory Negligence in a Road Accident Claim?
Contributory negligence in PNG motor accident claims under section 40 of the Wrongs (Miscellaneous Provisions) Act: apportionment, the drunk driver's passenger (Brown), helmets and drink (Pojari), towed vehicles (Yomo), pedestrians (Kopon, Dinogo), children and guardians (Sos), pleading the defence (Alo), and how the reduction is applied to each head of damage.
Read the answer →Assessing damages
How the National and Supreme Courts put a figure on a personal injury claim - general damages, loss of earning capacity, economic loss for villagers, special damages, interest, pleading and proof - and what the reported cases awarded.
How Do PNG Courts Assess Damages for a Road Accident Injury?
How damages for personal injury are assessed in PNG motor accident cases: the heads of damage, Kerr v MVIT and PNG community standards, MVIL v Kol on proof and global awards, inflation and comparable verdicts (Moka, Pioro), default judgment and proof of damages, the statutory cap and how the heads are added up.
Read the answer → No. 29How Are General Damages for Pain and Suffering Assessed?
General damages for pain, suffering and loss of amenities in PNG motor accident cases: the community-standards test from Kerr, the use of comparable verdicts, the effect of age, occupation and permanent disability, loss of expectation of life, scarring and psychiatric harm, inflation uplifts, and the pre- and post-judgment split for interest.
Read the answer → No. 33Is Interest Payable on Damages Against MVIL?
Interest on damages in PNG motor accident claims against MVIL: MVIT v Reading and the cap, the Judicial Proceedings (Interest on Debts and Damages) Act 2015, rates of 8 and 4 per cent, the three rules from Moka v MVIL, no interest on future loss, the 2 per cent State rate applied in Vali and Tambo, and how long delays inflate the figure.
Read the answer → No. 36What Have the Courts Awarded for Particular Injuries?
General damages awarded for particular injuries in PNG motor accident cases: paraplegia and quadriplegia, amputations, leg and hip fractures, back and spinal injuries, arm, shoulder and hand injuries, head injuries and brain damage, facial scarring, minor injuries, and how to adjust historical awards for inflation.
Read the answer → No. 37MVIL Damages Index: What the Courts Have Awarded, Injury by Injury
An index of PNG Supreme and National Court decisions against MVIT and MVIL, grouped by injury type (paraplegia, amputation, leg, back, arm, head and other injuries) and death claims, showing general damages, economic loss and total awards, plus a table of cases decided on procedure.
Read the answer →Death claims and Basic Protection Compensation
Dependency claims under the Wrongs (Miscellaneous Provisions) Act, who can sue and within what time, the estate's claim, and the no-fault payment under the Basic Protection Compensation Act (Chapter 296).
Who Can Sue When Someone Is Killed in a Road Accident?
Who has standing to bring a fatal accident claim against MVIL in PNG: Wrongs (Miscellaneous Provisions) Act Part IV, the class of dependants under section 26, customary dependants, actions by dependants under section 27 (Ambo), the estate's claim under Part V, section 32 particulars (Collins, Mongogl), multiple wives (Jack, Waine), parents (Waima, Manduru), and the three-year limit.
Read the answer → No. 39How Is a Dependency Claim Assessed?
Assessment of dependency damages for road deaths in PNG: the two-part method (Pagau, Paula), the weekly dependency figure for wage earners and villagers, the age of dependency (None, Tapi, Collins), retirement age, contingencies, a mother's death (Nolnga), bride price (Dingi), parents' claims (Manduru), funeral expenses, solatium, the estate award, deductions and investment of children's shares.
Read the answer → No. 40What Is Basic Protection Compensation?
The PNG Basic Protection Compensation Act (Chapter 296) explained: the no-fault death payment, the K10,000 maximum since 2021, the 90-day rule, who is an entitled person, the immediate customary kinship group, how it relates to third party insurance and damages claims, and what it does not cover.
Read the answer → No. 41How Is Basic Protection Compensation Claimed and Paid?
Procedure under the PNG Basic Protection Compensation Act (Chapter 296): assessment officers, the inquiry under sections 8 to 14, no lawyers for entitled persons, the determination and award under sections 15 to 19, payment by MVIL or the State, enforcement as a District Court order, recovery from owners of uninsured vehicles, and judicial review of awards.
Read the answer → No. 42Does Basic Protection Compensation Affect a Damages Claim?
The interaction between Basic Protection Compensation and a dependency claim in PNG: section 25 deduction (Nolnga, Kopon), no notice needed for the Basic Protection claim but payment as evidence of notice (Pojari), children's money (Tapie), the 90-day rule and the three-year limit, and why families should claim both.
Read the answer →Offences, recovery and practice points
MVIL's right to recover from drivers and owners, the offences of driving uninsured and touting for claims, default and consent judgments against MVIL, costs, and appeals.
Is a Settlement or Deed of Release With MVIL Binding?
Settlements and deeds of release in PNG motor accident claims: enforcing a settlement (Wallace), a lawyer's authority to compromise (Salem), unconscionable deeds set aside (Gene), enforcing a deed by separate action (Kawage 2008 and 2010), court approval for infants (Coady, None, Tapie), compromise at the cap (Gigmai), and section 53 consent.
Read the answer → No. 45What Happens If MVIL Does Not File a Defence?
Default judgment against MVIL in PNG: the 44-day rule (MVIL v Joe), entering default judgment (Anton), assessment after default (Kol, Pelen, Kiangua), setting aside for want of notice (Konga) or defective service (Fraser), striking out MVIL's defence for discovery default (Paki), and summary judgment being unavailable in injury claims.
Read the answer → No. 46How Do I Enforce a Judgment Against MVIL?
Enforcing a judgment against MVIL in PNG: Gabriel v MVIL and Timot v MVIL holding MVIL is "the State" for the Claims By and Against the State Act, no garnishee proceedings, the 2 per cent interest ceiling, the section 42 reserves, charging orders (Waip), costs, and practical steps to get paid.
Read the answer →Acts are amended, and figures and time limits change. Every article names the sections it relies on so you can read them. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.