and did in fact believe that the motor car was a motor car in relation to which there was in force a contract of insurance under the repealed Division; and (d) the sum so paid and the costs are recoverable by the Incorporated Nominal Defendant against, and such defences are not available to, the driver (whether or not he or she is the owner) of the motor car if the driver is convicted of having, at the time of the occurrence out of which the death or bodily injury arose, been under the influence of intoxicating liquor whilst driving the motor car. (4) Any amount recovered by the Incorporated Nominal Defendant against the owner or driver of the motor car must be paid to the authorized insurers in the same proportions as the insurers paid to satisfy the judgment and including the costs of the Incorporated Nominal Defendant. 157 Where owner or driver of uninsured motor car cannot be found (1) If— (a) liability has been incurred by the owner or driver of any uninsured motor car in respect of the death of or bodily injury to any person caused by or arising out of the use of that motor car; and (b) the liability is one against which such owner or driver had there been in force a contract of insurance under the repealed Division relating to such motor car would have been insured; and
and did in fact believe that the motor car was a motor car in relation to which there was in force a contract of insurance under the repealed Division; and (d) the sum so paid and the costs are recoverable by the Incorporated Nominal Defendant against, and such defences are not available to, the driver (whether or not he or she is the owner) of the motor car if the driver is convicted of having, at the time of the occurrence out of which the death or bodily injury arose, been under the influence of intoxicating liquor whilst driving the motor car. (4) Any amount recovered by the Incorporated Nominal Defendant against the owner or driver of the motor car must be paid to the authorized insurers in the same proportions as the insurers paid to satisfy the judgment and including the costs of the Incorporated Nominal Defendant. 157 Where owner or driver of uninsured motor car cannot be found (1) If— (a) liability has been incurred by the owner or driver of any uninsured motor car in respect of the death of or bodily injury to any person caused by or arising out of the use of that motor car; and (b) the liability is one against which such owner or driver had there been in force a contract of insurance under the repealed Division relating to such motor car would have been insured; and
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