New South Wales Consolidated Acts New South Wales Consolidated Acts(cf s 43A MAA)
(1) A claim may be made more than 6 months after the relevant date for the claim under section 72 (in this section called 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.
(2) 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.
(3) If a late claim is made, the claim cannot be referred for assessment under Part 4.4 unless--(a) the insurer has lost the right to reject the claim on the ground of delay, or(b) the Commission has, on the assessment of a dispute as to whether a late claim may be made in accordance with this section, assessed 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 Part 4.4.
(4) 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.
(5) If court proceedings are commenced on a late claim, the insurer may apply to the court to have the proceedings dismissed on the ground of delay.
(6) An application to have proceedings dismissed on the ground of delay cannot be made more than 2 months after the statement of claim is served on the defendant and received by the insurer and also cannot be made if the insurer has lost the right to reject the claim on the ground of delay.
(7) On an application to have proceedings on a late claim dismissed 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, a reference to an insurer includes a reference to the person against whom the claim is made.
Note : The combined effect of sections 72 and 73 is as follows--A claim generally must be made within 6 months after the date of the accident or the date of death.If, however, a claim is made more than 6 months after the date of the accident or death, a full and satisfactory explanation for the delay in making the claim must be provided.Section 96 provides that a dispute about whether a late claim can be made may be referred to the Commission.