New South Wales Consolidated Acts

MOTOR ACCIDENTS ACT 1988 - SECT 43

43 Time for and notice of making of claims

(1) The object of this section is to promote the early making of claims to enable the insurer:

(a) to commence investigations while evidence relating to a claim is available, and

(b) to identify injuries and facilitate the access of claimants to appropriate injury management and rehabilitation services and thus to expedite the claimant’s recovery, and

(c) to allow the insurer to more accurately predict claim frequency and hence formulate premiums.

(2) A claim must be made within 6 months after the relevant date for the claim. The relevant date is the date of the motor accident to which the claim relates unless the claim is made in respect of the death of a person, in which case the relevant date is the date of the person’s death.

(4) A claim is made by giving notice of the claim to the person against whom the claim is made and, if that person’s insurer is a third-party insurer, to the insurer.

(5) The requirement under subsection (4) (only in so far as it is a requirement to give notice of a claim to the person against whom the claim is made and without affecting the requirement to give notice to the insurer) does not apply if:

(a) that person is dead, or

(b) that person cannot be given notice.