South Australian Current Acts

MOTOR VEHICLES ACT 1959 - SECT 126A

126A—Claim for compensation

        (1)         A person who seeks to make a claim for damages or other compensation in relation to the death of, or bodily injury to, a person for which insurance is provided under this Part must furnish the insurer or the nominal defendant (as the case may be) with a notice of claim that complies with the requirements of subsection (2).

        (2)         A notice under subsection (1)—

            (a)         must be provided at a time or within a period prescribed by the regulations; and

            (b)         must be furnished in a manner and form approved by the Minister; and

            (c)         must set out or be accompanied by—

                  (i)         a statement setting out details of the claim; and

                  (ii)         a certificate or opinion as to the nature and probable cause of the death or injury (as the case requires) provided by a medical practitioner; and

                  (iii)         the relevant police report number for any report provided to a police officer under the Road Traffic Act 1961 in connection with the relevant accident; and

                  (iv)         such other report or other information in relation to the accident or the claim as may be prescribed by the regulations; and

            (d)         must be accompanied by a statement (in a form prescribed by the regulations) authorising the insurer or the nominal defendant to have access to records and other sources of information relevant to the claim.

        (3)         Any material or information required under subsection (2)(c) must comply with any requirements prescribed by the regulations.

        (4)         An insurer or the nominal defendant must, within 21 days of receiving any record or other information under subsection (2)(d), send a copy of the report or information to the claimant (or a legal practitioner engaged by the claimant).

        (5)         An insurer and the nominal defendant must establish practices and procedures designed to assist claimants to comply with the requirements of the preceding subsections.

        (6)         If a person fails to comply with a preceding subsection—

            (a)         the insurer or the nominal defendant (as the case may be) may decline to consider or deal with the claim while the failure continues; and

            (b)         the person is not entitled, until the person complies with the relevant requirements, to commence proceedings or to continue proceedings that have been commenced in respect of the death or injury.

        (7)         Subsection (6) operates subject to any provision made by the regulations about qualifying or restricting the effect of failing to comply with the requirements of this section.

        (8)         In this section—

"medical practitioner" means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student).