Key legal question
Whether the claimant had to sue Z. or the BNA after the 1995 accident under the applicable motor vehicle liability rules.
Extracted holding
Under the old law applicable to the accident, the action could validly be brought against Z.; under the new law, the BNA would be the passive defendant.
Extracted reasoning
The intertemporal issue is governed by non-retroactivity; the 1996 reform does not apply to damage occurring in 1995. The claimant therefore correctly sued Z. at first, and later the BNA acquired passive standing through the substitution agreement.