Queensland Consolidated Acts

MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 37

37 Notice of accident claim

(1) Before bringing an action in a court for damages for personal injury arising out of a motor vehicle accident, a claimant must give written notice of the claim to the insurer or 1 of the insurers, against which the action is to be brought—

(a) containing a statement of the information required under a regulation; and

(b) authorising the insurer to have access to records and sources of information relevant to the claim specified under a regulation; and

(c) authorising the insurance agency to exchange information about the claimant with an entity prescribed by regulation under the National Injury Act , section 19 (3) —

(i) in the event that the insurer makes an application under that Act for the claimant in relation to the injury; and

(ii) for the purpose of the insurance agency performing its functions under that Act; and

(d) if a law practice is retained by the claimant to act in relation to the claim, accompanied by—

(i) a law practice certificate for the claim from the supervising principal of the law practice; and

(ii) if the claimant has received a copy of a law practice certificate for the claim under section 36E —the copy of the certificate; and

(e) accompanied by the documents prescribed by regulation.

(2) The notice must be given—

(a) if it is to be given to the Nominal Defendant because the motor vehicle can not be identified—within 3 months after the motor vehicle accident; or

(b) in any other case—within the period ending on the earlier of the following dates—

(i) 9 months after the motor vehicle accident or, if symptoms of the injury are not immediately apparent, the first appearance of symptoms of the injury;

(ii) 1 month after the claimant first consults a lawyer about the possibility of making a claim.

(3) If notice of a claim is not given within the time fixed by this section, the obligation to give the notice continues and a reasonable excuse for the delay must be given in the notice or by separate notice to the insurer but, if a motor vehicle can not be identified and the notice is not given to the Nominal Defendant within 9 months after the motor vehicle accident, the claim against the Nominal Defendant is barred.

(4) If 2 or more motor vehicles were involved in the motor vehicle accident, the insurer to which notice is given under subsection (1) must, within 7 days after receiving it, give a copy of the notice to any other insurer of a motor vehicle involved in the motor vehicle accident.

(5) In this section—

"supervising principal" includes a person who has completed a certificate under section 36C .