Motor Vehicles (Third Party Insurance) Regulations 2013

A notice of a claim under section 126A(1) of the Act must be given—

in the case of a notice of a claim in relation to an action against the nominal defendant—as soon as reasonably practicable after it becomes apparent that—

the identity of the relevant motor vehicle is not readily ascertainable; or

the relevant motor vehicle was uninsured; or

in any other case—within 6 months after the relevant motor vehicle accident.

A failure to comply with subregulation (1) does not attract the operation of section 126A(6) of the Act if—

the failure to give the notice of claim within the relevant period was occasioned by—

ignorance or mistake of the claimant; or

absence of the claimant from the State; or

inability of the claimant on account of injury; or

inability of the claimant on account of the claimant's legal disability; or

other reasonable cause; and

the proper assessment of the claim has not been substantially prejudiced.

Nothing in section 126A of the Act (or these regulations) affects the ability of a person to commence or continue proceedings once the person has provided the information and statements referred to in subsection (2)(c) and (d) of that section (including after the period referred to in subregulation (1) has expired).