51Notice of claim

51 Notice of claim (1) Before a claimant brings a proceeding against someone else (a respondent) based on a claim in relation to a personal injury, the claimant must give the respondent written notice of the claim. Note 1 A proceeding must be brought before the end of the relevant limitation period (if any) under the Limitation Act 1985. Note 2 The Limitation Act 1985 does not apply a limitation period to child abuse claims (see that Act, s 21C). (2) The notice must— (a) contain a statement of the information required by regulation; and (b) authorise each of the following to have access to the records and sources of information relevant to the claim that are required by regulation: (i) the respondent; (ii) if the respondent is insured against the claim—the respondent’s insurer for the claim; and (c) be accompanied by the documents required by regulation. (3) For a proceeding not based on a motor accident claim or child abuse claim, the notice must be given within the period that ends on the earlier of the following days: (a) the day that is 9 months after— (i) the day the accident giving rise to the personal injury happened; or (ii) if symptoms of the injury are not immediately apparent— the day symptoms of the injury first appear; (b) the day that is 4 months after the later of the following days: (i) the day the claimant first instructs a lawyer to provide advice about seeking damages for the personal injury; (ii) the day the respondent is identified. (4) For a proceeding based on a motor accident claim, the notice must be given within 3 months after the latest of the following days: (a) if the claimant is taken, under the Motor Accident Injuries Act 2019, section 133 (WPI taken to be 10% in certain circumstances), to have a WPI of 10% as a result of the motor accident—the day the claimant receives information under the Motor Accident Injuries Act 2019 stating that the claimant is taken to have a WPI of 10%; (b) if the claimant receives a notice under the Motor Accident Injuries Act 2019, section 141 (5) (WPI assessment 4 years 6 months after motor accident)—the date that is 26 weeks after the date of the notice; (c) if the claimant receives a notice under the Motor Accident Injuries Act 2019, section 157 (2) (WPI 10% or more—injured person entitled to make motor accident claim)—the due date stated in the notice; (d) if the claimant receives a notice under the Motor Accident Injuries Act 2019, section 164 (2) (Final offer WPI 10% or more—injured person entitled to make motor accident claim)— the due date stated in the notice; (e) if the claimant applies to the ACAT for review of a final offer WPI decision under the Motor Accident Injuries Act 2019, section 162 (1) (Final offer WPI 5% to 9%), section 163 (1) (Final offer WPI 10% or more—injured person not entitled to make motor accident claim) or section 164 (1) and the ACAT makes an order under that Act, section 197 (External review— decision) to the effect that the claimant has a WPI of at least 10% and is entitled to make a motor accident claim— (i) if no appeal from the order is made—the date the appeal period for the order ends; or (ii) if an appeal from the order is made—the date the appeal is finally decided; (f) if the claimant receives a notice under the Motor Accident Injuries Act 2019, section 213 (4) (SOI report—injury has significant occupational impact) stating that the claimant is taken to have a WPI of 10% for this Act—the date of the notice; (g) if the claimant applies to the ACAT for review of an SOI report under the Motor Accident Injuries Act 2019, section 214 (SOI report—no significant occupational impact) and the ACAT makes an order under that Act, section 218 (1) (b) (ACAT review—decision)— (i) if no appeal from the order is made—the date the appeal period for the order ends; or (ii) if an appeal from the order is made—the date the appeal is finally decided. Note This chapter does not apply to a claim for which a notice has been given by or for the claimant under the Limitation Act 1985, s 30A (2) (see s 50). (5) For a proceeding based on a child abuse claim, the notice must be given within a reasonable time before the claimant brings the proceeding against the respondent. Note If the notice is not given as required under s (5), the obligation to give the notice continues until it is given (see Legislation Act, s 152). (6) If the claimant is a child, the claimant’s parent or legal guardian may give the notice for the claimant. Note For another procedure for a claim in relation to a personal injury suffered by a child, see the Limitation Act 1985, s 30A (Special provision for injuries to children). (7) If the notice is not given within the period required under subsection (3), a reasonable excuse for the delay must be given in the notice or by separate written notice to the respondent. Note If the notice is not given as required under s (3), the obligation to give the notice continues until it is given (see Legislation Act, s 152). (8) Without limiting subsection (7), an excuse is reasonable if it is prescribed by regulation for this section. (9) If the respondent knows of anyone else (a relevant person) against whom a proceeding based on the claim may be begun by the claimant, the respondent must, within the period prescribed by regulation (or, if no period is prescribed, within 1 month after the day the respondent receives the notice)— (a) give a copy of the notice to each relevant person; and (b) tell the claimant in writing about each relevant person and give the claimant a short written statement explaining why each of them may be a relevant person. (10) If the respondent is a child, the respondent’s parent or legal guardian may comply with subsection (9) for the respondent.