When is the deadline for compulsory third party notice of claim (motor accident)?
The catalogue records a 6 months period from The relevant motor vehicle accident. This draft page remains free only until its source, worked example and limits are reviewed.
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In preparation
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Calculation basis and source
- Period
- 6 months
- Trigger
- The relevant motor vehicle accident
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Regulation 4(2): failure to comply does not attract the operation of s 126A(6) if the failure to give the notice within the relevant period was occasioned by ignorance or mistake of the claimant, absence of the claimant from the State, inability on account of injury, inability on account of the claimant's legal disability, or other reasonable cause, AND the proper assessment of the claim has not been substantially prejudiced. Regulation 4(3): nothing in s 126A or the regulations affects the ability to commence or continue proceedings once the claimant has provided the information and statements referred to in s 126A(2)(c) and (d), including after the period has expired. See also Limitation of Actions Act 1936 (SA) s 50 (dispensation with a statutory requirement of notice before action).
- Added on verification: the researcher referred to Motor Vehicles Act 1959 (SA) s 126A twice in notes but never encoded it, even though it is the most frequently engaged pre-action notice in South Australian personal injury practice and giving it displaces the UCR r 61.6 notice of injury (r 61.6(1)(a)). The consequence of non-compliance is that the insurer or nominal defendant may decline to consider or deal with the claim while the failure continues, and the claimant is not entitled to commence or continue proceedings until the requirements are met (s 126A(6)). This is a notice requirement, not a limitation period: the 3-year period in Limitation of Actions Act 1936 (SA) s 36 runs independently and is not extended by compliance. Sources: Motor Vehicles Act 1959 (SA) s 126A, version 13.7.2025, and Motor Vehicles (Third Party Insurance) Regulations 2013 (SA) reg 4, version 1.11.2021, both published under the Legislation Revision and Publication Act 2002.