MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 51D
Time for bringing action
MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 51D
Time for bringing action
51D Time for bringing action
(1) An action for damages should be started in the court—
(a) within 60 days
after the conclusion of the compulsory conference; or
(b) within a further
period—
(i) agreed by the parties within the 60 day period mentioned in
paragraph (a) ; or
(ii) fixed by the court on an application made by the
claimant within the 60 day period mentioned in paragraph (a) .
(2) If the
parties or the court dispenses with the compulsory conference, an action for
damages should be started in the court—
(a) within 60 days after the later
of the following—
(i) the date falling 6 months after the date on which the
claimant gives notice to the insurer of the claim or if the insurer asks for
additional information, the date on which the claimant gives the insurer the
completed additional information form;
(ii) the date of the agreement or
order dispensing with the conference; or
(b) within a further period—
(i)
agreed by the parties within the 60 day period mentioned in paragraph (a) ; or
(ii) fixed by the court on an application made by the claimant within the 60
day period mentioned in paragraph (a) .
(3) However, if the court dispenses
with the obligation to make mandatory final offers, an action for damages
should be started in the court within a period fixed by the court when giving
the dispensation or later.
(4) The expiry of the time within which an action
should be started under subsection (1) , (2) or (3) does not prevent the
claimant from starting the action but—
(a) the court may (unless the
claimant establishes a reasonable excuse for the delay) order the claimant to
pay, in any event, the insurer’s costs arising out of the delay; and
(b)
the court may, on the insurer’s application, make an order fixing a time
limit within which the action must be started.
(5) If the claimant fails to
start an action in the court within a time limit fixed under subsection (4)
(b) , the claim is barred.
