New South Wales Consolidated Acts

MOTOR ACCIDENTS ACT 1988 - SECT 44B

44B Challenging claims for failure to comply with sec 44 or 44A

(1) If, within 2 months after receiving notice of a claim under section 43 (4), the insurer does not reject the claim for non-compliance with section 44, the insurer loses the right to challenge the claim on the ground of non-compliance with that section.

(2) If court proceedings are commenced in respect of a claim, an insurer who has not lost the right to challenge for non-compliance with section 44 may apply to have the proceedings dismissed on the ground of the relevant non-compliance only within 2 months after the statement of claim is served on the defendant and received by the insurer.

(3) A court may not dismiss proceedings if the relevant non-compliance is technical and of no significance.

(4) In this section, a reference to an insurer includes, in the case of a third-party insurer, a reference to the person against whom the claim is made.