Queensland Consolidated Acts

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MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 37

37 Notice of accident claim

(1) Before bringing an action in a court for damages for personal injury arising out of a motor vehicle accident, a claimant must give written notice of the motor vehicle accident claim to the insurer or 1 of the insurers, against which the action is to be brought--

(a) containing a statement of the information required under a regulation; and
(b) authorising the insurer to have access to records and sources of information relevant to the claim specified under a regulation; and
(c) accompanied by the documents required under a regulation.

(2) The notice must be given--

(a) if it is to be given to the Nominal Defendant because the motor vehicle can not be identified--within 3 months after the motor vehicle accident; or
(b) in any other case--within the period ending on the earlier of the following dates--
(i) 9 months after the motor vehicle accident or, if symptoms of the injury are not immediately apparent, the first appearance of symptoms of the injury;
(ii) 1 month after the claimant first consults a lawyer about the possibility of making a claim.

(3) If notice of a motor vehicle accident claim is not given within the time fixed by this section, the obligation to give the notice continues and a reasonable excuse for the delay must be given in the notice or by separate notice to the insurer but, if a motor vehicle can not be identified and the notice is not given to the Nominal Defendant within 9 months after the motor vehicle accident, the claim against the Nominal Defendant is barred.

(4) If 2 or more motor vehicles were involved in the motor vehicle accident, the insurer to which notice is given under subsection (1) must, within 7 days after receiving it, give a copy of the notice to any other insurer of a motor vehicle involved in the motor vehicle accident.



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