28Claimant's duties before action is commenced

### 28 Claimant's duties before action is commenced > > (1)  Not less than 90 days before filing a claim commencing an action for damages for personal injuries, the claimant is to serve on the defendant's insurer or, if the identity of the insurer is not known, the defendant, copies of the following documents: > > > > > > (a) a notice of the intended action, specifying any intended claim for past or future economic loss; > > > > > > > (b) copies of supporting documents, including medical records, that set out the nature and extent of the claimant's injuries and residual disabilities as known to the claimant at that time. > > > (2)  If the claimant fails to comply with [subrule (1)](#GS28@Gs1@EN) , the Court may order that the claimant is not to recover costs or is to recover part costs only.