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 claim is given under division 3 , or an application for
leave to bring a proceeding based on a 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.
(2) 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
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 appropriate insurer.
(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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