Bird strike - Driver left with nobody to sue

In Brief

• Pursuant to section 1.4 of the Motor Accident Injuries Act 2017, the "use or operation" or a motor vehicle includes the parking of the vehicle.
• The time a vehicle has been parked is relevant to whether it continues to be "in use" at the time a motor accident occurs.
• Even if a parked vehicle remains " in use " at the time of a motor accident, its owner is not liable unless there is some fault in the way that the vehicle was parked.
• Pursuant to section 5.4 of MAIA, a driver is precluded from recovering damages, pursuant to the "no-fault" provisions in Part 5 of MAIA, if the accident was caused by some act or omission by that driver.
• The preclusion in s 5.4 applies even if the driver's act or omission was involuntary, does not amount to fault and was not the sole or primary cause of the accident.