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ROAD TRANSPORT (THIRD-PARTY INSURANCE) ACT 2008 (NO. 1 OF 2008) - SECT 85

Time for giving notice of claim—CTP insurer

    (1)     This section applies if the insurer for a motor accident claim is the CTP insurer for the motor vehicle for the claim.

    (2)     The notice of claim must be given under section 84 not later than the earlier of the following days:

        (a)     the day that is 9 months after—

              (i)     the day the motor accident for the motor accident claim happened; or

              (ii)     if symptoms of the personal injury caused by the motor accident are not immediately apparent—the day symptoms of the personal injury first appear;

        (b)     the day that is 1 month after the later of the following days:

              (i)     the day the claimant first instructs a lawyer to provide advice about seeking damages for the personal injury;

              (ii)     the day the respondent is identified.

Note     However, the time for giving a notice of claim for a claimant with a legal disability begins on the day after the day the claimant's legal disability ends (see  s 98).

    (3)     If the claimant does not give the notice of claim as required in subsection (2), a reasonable excuse for the delay must be given in the notice or by separate written notice to the respondent.

    (4)     Without limiting subsection (3), an excuse is reasonable if the excuse is prescribed by regulation.



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