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MOTOR ACCIDENTS COMPENSATION ACT 1999 - SECT 110 Insurer may require claimant to commence court proceedings

MOTOR ACCIDENTS COMPENSATION ACT 1999 - SECT 110

Insurer may require claimant to commence court proceedings

110 Insurer may require claimant to commence court proceedings

(cf s 52B)

(1) The insurer of a person against whom a claim is made may give the claimant notice requiring the claimant to commence court proceedings in respect of the claim if--
(a) the claimant has been entitled to commence the proceedings for a period of at least 6 months, and
(b) at least 18 months have elapsed since the date of the motor accident to which the claim relates.
(2) The claimant must comply with the notice within 3 months after its receipt.
(3) If the claimant does not comply with the notice as required by this section, the claimant is taken to have withdrawn the claim.
(4) A claimant whose claim is taken to have been withdrawn by the operation of this section may apply to a court of competent jurisdiction for reinstatement of the claim.
(5) The court may reinstate the claim if the court is satisfied that the claimant has a full and satisfactory explanation for the failure to comply with the notice.