MOTOR ACCIDENTS COMPENSATION ACT 1999 - SECT 76
Rejecting claims for failure to comply with section 74
MOTOR ACCIDENTS COMPENSATION ACT 1999 - SECT 76
Rejecting claims for failure to comply with section 74
76 Rejecting claims for failure to comply with section 74
(1) If section 74 has not been complied with, a claim cannot be referred for
assessment under Part 4.4 unless--
(a) the insurer has lost the right to
reject the claim for non-compliance with section 74, or
(b) the Commission
has, on the assessment of a dispute as to whether the claim may be rejected
for non-compliance with section 74, assessed that the non-compliance is
technical and of no significance, or
(c) the claim is referred only for a
certificate of exemption from assessment under Part 4.4.
(2) The insurer
loses the right to reject a claim for non-compliance with section 74 if within
2 months after receiving the claim the insurer does not reject the claim for
non-compliance with that section.
(3) If court proceedings are commenced on a
claim in respect of which section 74 has not been complied with, the insurer
may apply to the court to have the proceedings dismissed on the ground of
non-compliance with section 74.
(4) An application to have proceedings
dismissed on the ground of non-compliance with section 74 cannot be made more
than 2 months after the statement of claim is served on the defendant and
received by the insurer and also cannot be made if the insurer has lost the
right to reject the claim on the ground of that non-compliance.
(5) On an
application to have proceedings dismissed on the ground of non-compliance with
section 74, the court must dismiss the proceedings on that ground unless
satisfied that the non-compliance is technical and of no significance.
(6) In
this section, a reference to an insurer includes a reference to the person
against whom the claim is made.
