New South Wales Consolidated Acts

MOTOR ACCIDENT INJURIES ACT 2017 - SECT 6.10

6.10 Compliance with verification requirements--claim for damages

(cf s 70 MACA)

(1) If the motor accident verification requirements have not been complied with, a claim for damages cannot be referred to the Commission for assessment under Division 7.6 unless--

(a) the insurer has lost the right to reject the claim on the ground of that non-compliance, or

(b) the Commission determines that sufficient cause existed to justify the non-compliance, or

(c) the claim is referred only for a certificate of exemption from assessment.

(2) The insurer loses the right to reject a claim for damages on the ground of non-compliance with the motor accident verification requirements if the insurer--

(a) does not, within 2 months after receiving the claim, reject the claim on the ground of that non-compliance or ask the claimant to provide a full and satisfactory explanation for the non-compliance, or

(b) does not, within 2 months after receiving an explanation for the non-compliance, reject the explanation.

(3) The insurer may apply to the court in which proceedings on a claim for damages are commenced to have the proceedings dismissed on the ground that the motor accident verification requirements have not been complied with 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 that non-compliance.

The court must dismiss the proceedings unless satisfied that sufficient cause existed to justify the non-compliance.

(4) In this section,
"insurer" includes the person against whom the claim for damages is made.