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Session Laws, 1960
Volume 641, Page 163   View pdf image (33K)
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J. MILLARD TAWES, GOVERNOR 163

during the hearing of an application to sue the Commissioner under
Section 167, either (1) that he was physically incapable of giving
said notice within said period and that he gave said notice within 30
days after he became physically capable to do so or, in the event that
he did not become so capable, that a notice was given on his behalf
within a reasonable period; or (2) that he gave notice to the Board
within 15
30 days of receiving notice that an insurer had disclaimed
on a policy of insurance so as to remove or withdraw liability insur-
ance coverage for his claim against a person or persons who allegedly
caused him to suffer damages.
In either said notice he shall describe
the manner in which the accident occurred, specifying the time and
place of occurrence, identify the operators and vehicles involved
therein and such witnesses to said accident as are then known to
him and describe the injuries then known to him and the damage
to property sustained. Said notice shall be accompanied by

(1) Certification by a physician of the injuries sustained so far
as they can then be anticipated and of the treatment afforded by him.

(2) Itemized estimates of an automobile repairman or itemized
bill, of the cost of repairs if the damage is to an automobile.

(3) Such information as is known to him with regard to liability
insurance in effect with respect to the motor vehicles involved in the
accident, and

(4) A copy of the complaint if an action has theretofore been
brought for the enforcement of such claim. Such person shall also
notify the Board of any action thereafter instituted for the enforce-
ment of such claim within 15 days after the institution thereof, and
such notice shall be accompanied by a copy of the complaint. The
Board shall be authorized to extend the period of filing any of the
documents to accompany the said notice upon proper cause.



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SEC. 2. AND BE IT FURTHER ENACTED, THAT THIS ACT
SHALL APPLY TO CASES INVOLVING ACCIDENTS WHICH
HAVE OCCURRED ON OR AFTER JUNE 1, 1959 AND IN
WHICH DISCLAIMER NOTICES HAVE BEEN RECEIVED
AFTER THE EFFECTIVE DATE OF THIS ACT.

SEC. 3. AND BE IT FURTHER ENACTED, THAT THIS ACT
IS HEREBY DECLARED TO BE AN EMERGENCY MEASURE
AND NECESSARY FOR THE IMMEDIATE PRESERVATION
OF THE PUBLIC HEALTH AND SAFETY, AND HAVING
BEEN PASSED BY A YEA AND NAY VOTE SUPPORTED BY
THREE-FIFTHS OF THE MEMBERS ELECTED TO EACH OF
THE TWO HOUSES OF THE GENERAL ASSEMBLY, THE
SAME SHALL TAKE EFFECT FROM THE DATE OF ITS
PASSAGE.

Approved March 23, 1960.


 

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Session Laws, 1960
Volume 641, Page 163   View pdf image (33K)
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