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Contents (2017 - 10)
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Motor Accident Injuries Act 2017 No 10
Current version for 1 February 2019 to date (accessed 28 January 2020 at 22:18)
Part 6 Division 6.3 Section 6.14
6.14   Time for making of claims for damages
(cf ss 72 and 73 MACA)
(1)  A claim for damages cannot be made before the expiration of 20 months after the motor accident to which the claim relates unless the claim is in respect of the death of a person or injury resulting in a degree of permanent impairment of the injured person that is greater than 10%.
(2)  A claim for damages must be made within 3 years after the date of the motor accident to which the claim relates. The regulations may amend this subsection to change the date within which the claim must be made.
(3)  A claim for damages may be made after the time required by subsection (2) (a late claim) if the claimant provides a full and satisfactory explanation for the delay in making the claim. The explanation is to be provided in the first instance to the insurer.
(4)  Evidence as to any delay in the onset of symptoms relating to the injury suffered by the injured person as a result of the motor accident may be given in any such explanation.
(5)  If a late claim for damages is made, the claim cannot be referred for assessment under Division 7.6 unless:
(a)  the insurer has lost the right to reject the claim on the ground of delay, or
(b)  the Dispute Resolution Service has determined that the claimant has a full and satisfactory explanation for the delay in making the claim, or
(c)  the claim is referred only for a certificate of exemption from assessment under Division 7.6.
(6)  The insurer loses the right to reject a late claim on the ground of delay if the insurer:
(a)  does not, within 2 months after receiving the claim, reject the claim on the ground of delay or ask the claimant to provide a full and satisfactory explanation for the delay, or
(b)  does not, within 2 months after receiving an explanation for the delay, reject the explanation.
(7)  The insurer may apply to the court in which proceedings on a late claim for damages are commenced to have the proceedings dismissed on the ground of delay if:
(a)  the application to have the proceedings dismissed is made not more than 2 months after the statement of claim is served on the defendant and received by the insurer, and
(b)  the insurer has not lost the right to reject the claim on the ground of delay.
The court must dismiss the proceedings unless satisfied that the claimant has a full and satisfactory explanation for the delay in making the claim.
(8)  In this section, insurer includes the person against whom a claim for damages is made.