70Reporting of motor accident to police

#### 70 Reporting of motor accident to police 70 Reporting of motor accident to police > > (1) Unless a police officer attended the motor accident, a motor accident that gives rise to a claim must be reported to a police officer by or on behalf of the claimant within 28 days after the motor accident. This requirement is referred to in this section as the police accident report requirement. > > > (2) A person who makes a claim must provide to the insurer a full and satisfactory explanation for any non-compliance with the police accident report requirement. > > > (3) If the police accident report requirement for a claim is not complied with, the claim cannot be referred for assessment under Part 4.4 unless— > > > > > (a) the insurer has lost the right to reject the claim on the ground of that non-compliance, or > > > > > (b) the Commission has, on the assessment of a dispute as to whether the claimant has a full and satisfactory explanation for the non-compliance, assessed that sufficient cause existed to justify the delay in reporting the motor accident to a police officer and that a report of the motor accident to a police officer was made within a reasonable period in the circumstances, or > > > > > (c) the claim is referred only for a certificate of exemption from assessment under Part 4.4. > > > (4) The insurer loses the right to reject a claim on the ground of non-compliance with the police accident report requirement if the insurer— > > > > > (a) does not, within 2 months after receiving the claim, reject the claim on the ground of that non-compliance or ask the claimant to provide a full and satisfactory explanation for the non-compliance, or > > > > > (b) does not, within 2 months after receiving an explanation for the non-compliance, reject the explanation. > > > (5) If court proceedings are commenced on a claim in respect of which the police accident report requirement has not been complied with, the insurer may apply to the court to have the proceedings dismissed on that ground. > > > (6) An application to have proceedings dismissed on the ground of non-compliance with the police accident report requirement cannot be made more than 2 months after the statement of claim is served on the defendant and received by the insurer and also cannot be made if the insurer has lost the right to reject the claim on the ground of that non-compliance. > > > (7) On an application to have proceedings dismissed on the ground of non-compliance with the police accident report requirement, the court must dismiss the proceedings unless satisfied that sufficient cause existed to justify the delay in reporting the motor accident to a police officer and that a report of the motor accident to a police officer was made within a reasonable period in the circumstances. > > > (8) In this section, a reference to an insurer includes a reference to the person against whom the claim is made. > > **s 70:** Subst 2007 No 95, Sch 1 \[37\]. Am 2020 No 18, Sch 6.7\[22\].