New South Wales Consolidated Regulations

MOTOR ACCIDENT INJURIES REGULATION 2017 - REG 8A

8A Time for making claims (section 6.13(2))

(1) For the Act, section 6.13(2), payment of weekly payments of statutory benefits for a period before a claim is made is permitted if--

(a) the claim is made within 3 months after the date of the motor accident to which the claim relates, and

(b) the claimant provides a full and satisfactory explanation for the delay in making the claim.

(2) The matters that must be taken into account in determining whether the claimant has a full and satisfactory explanation for the delay in making the claim include, but are not limited to, whether, before the expiry of the period of 28 days for making the claim--

(a) the claimant was aware of the right to make the claim, or

(b) the claimant was a person under a legal incapacity, or

(c) the claimant was prevented from making the claim before the expiry of that period because of illness or injury.

(3) An explanation for the delay in making a claim is taken to be a full and satisfactory explanation for the purposes of subclause (1)(b) if the insurer has not rejected the explanation within 14 days after receiving the explanation.

(4) This clause does not apply to a motor accident occurring before 1 April 2023.