109Time limitations on commencement of court proceedings

#### 109 Time limitations on commencement of court proceedings 109 Time limitations on commencement of court proceedings (cf s 52 MAA) > > (1) A claimant is not entitled to commence proceedings in respect of a claim more than 3 years after— > > > > > (a) the date of the motor accident to which the claim relates, or > > > > > (b) if the claim is made in respect of the death of a person—the date of death, > > > > except with the leave of the court in which the proceedings are to be taken. > > > (2) Time does not run for the purposes of this section from the time that a claim has been referred to the Commission for assessment and until 2 months after a certificate as to the assessment or exemption from assessment is issued. > > > (3) The leave of the court must not be granted unless— > > > > > (a) the claimant provides a full and satisfactory explanation to the court for the delay, and > > > > > (b) the total damages of all kinds likely to be awarded to the claimant if the claim succeeds are not less than 25% of the maximum amount that may be awarded for non-economic loss under section 134 as at the date of the relevant motor accident. > > > (4) Subsection (3) (b) does not apply to a claimant who is legally incapacitated because of the claimant’s age or mental capacity. > > > (5) The [Limitation Act 1969](/view/html/inforce/current/act-1969-031) does not apply to or in respect of proceedings in respect of a claim. > > **s 109:** Am 2007 No 95, Sch 1 \[76\]; 2020 No 18, Sch 6.7\[56\].