Queensland Consolidated Acts
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MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 57
Alteration of period of limitation
57 Alteration of period of limitation
(1) If notice of a motor vehicle accident claim is given under division 3 ,
or an application for leave to bring a proceeding based on a motor vehicle
accident claim is made under division 3 , before the end of the period of
limitation applying to the claim, the claimant may bring a proceeding in court
based on the claim even though the period of limitation has ended.
However, the proceeding may only be brought after the end of the period of
limitation if it is brought within—
(a) 6 months after the notice is given
or leave to bring the proceeding is granted; or
(b) a longer period allowed
by the court.
(3) If during the last 14 days of the period of limitation, the
claimant wants to give a notice of claim under division 3 but is unsure to
which insurer the notice should be given, the notice is validly given if it is
given to the commission.
(4) After receiving a notice of claim under
subsection (3) , the commission must make inquiries to decide the insurer
against which the claim properly lies, and pass the notice of claim on to the
(5) If a period of limitation is extended under part 3
of the Limitation of Actions Act 1974 , this section applies to the period of
limitation as extended under the part.
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