MOTOR ACCIDENTS ACT 1988 - SECT 52
Time limitations on commencement of court proceedings
MOTOR ACCIDENTS ACT 1988 - SECT 52
Time limitations on commencement of court proceedings
52 Time limitations on commencement of court proceedings
(1) The objects of this section are:
(a) to encourage and facilitate the
investigation, assessment and negotiation of a claim for damages without the
commencement of court proceedings, and
(b) to impose a limitation period of 3
years for the commencement of legal proceedings for damages under this Act and
to enable the extension of that period only if:
(i) the claimant can explain
the reasons for the delay in not commencing the proceedings within the 3-year
period, and
(ii) the claim is likely to result in an award of substantial
damages,
or in the circumstances described in subsection (4A).
(1A) A
claimant is not entitled to commence court proceedings against another person
in respect of a claim until:
(a) 6 months have elapsed since notice of the
claim was given to the other person and (if required by section 43 (4)) to the
other person's insurer, or
(b) 90 days have elapsed since the details
required by section 50A were given to the other person's insurer, or
(c) if
the other person's insurer has made an offer of settlement to the claimant
before the claimant commences court proceedings, 28 days have elapsed from the
date on which the claimant's response to the offer is communicated to the
other person's insurer,
whichever is the later or latest.
(1B) Subsection
(1A) (c) applies only to the first offer made by the other person's insurer
and not to any subsequent offer.
(2) If notice is given to the other person's
third-party insurer then despite subsection (1A) the claimant is entitled to
commence court proceedings if any of the following occurs:
(a) the insurer
denies all liability in respect of the claim,
(b) the insurer admits partial
liability in respect of the claim but the claimant is dissatisfied with the
extent to which liability is admitted,
(c) in the case of a late claim within
the meaning of section 43A, the insurer rejects the claimant's explanation for
delay in making the claim or rejects the claim on the ground that the total
damages of all kinds likely to be awarded to the claimant if the claim
succeeds are less than 10% of the maximum amount that may be awarded for
non-economic loss under section 79 or 79A as at the date of the relevant
motor accident.
(4) A claimant is not entitled to commence proceedings in
respect of a claim more than 3 years after:
(b) if the claim is made in respect of the
death of a person, the date of death,
except with the leave of the court in
which the proceedings are to be taken.
(4A) However, if at the end of the
3-year period referred to in subsection (4), the claimant has complied with
section 50A but is unable to commence court proceedings because of the effect
of subsection (1A) (b) or (c), the claimant may commence court proceedings
within 28 days after the period under subsection (1A) (b) or (c), or the later
of those periods, has elapsed.
(4B) The leave of the court must not be
granted unless:
(b) the total damages of all kinds likely to
be awarded to the claimant if the claim succeeds are not less than 25 per cent
of the maximum amount that may be awarded for non-economic loss under
section 79 or 79A as at the date of the relevant motor accident.
(4C)
Subsection (4B) (b) does not apply to a claimant who is legally incapacitated
because of the claimant's age or mental capacity.