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Session Laws, 1961
Volume 654, Page 1177   View pdf image (33K)
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J. MILLARD TAWES, GOVERNOR                            1177

154 (a).

Any qualified person, who suffers damages resulting from bodily-
injury or death or damage to property arising out of the ownership,
maintenance or use of a motor vehicle in this State on or after the first
day of June 1959, and whoe WHOSE damages may be satisfied in
whole or in part from the fund or the personal representative of such
person, shall, within [90] one hundred and eighty (180) days after
the accident, as a condition precedent to the right thereafter to apply
for the payment from the fund, give notice to the Board, as pre-
scribed by it, of his intention to make a claim thereon for such
damages, if otherwise uncollectible, and shall otherwise comply with
the provisions of this section; provided, any such qualified person
may, in lieu of giving said notice within said time, make proof to the
court on the hearing of the application for the payment of a judg-
ment, or during the hearing of an application to sue the Commis-
sioner 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 30 days of receiving notice that an insurer had
disclaimed on a policy of insurance so as to remove or withdraw
liability insurance 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.

SEC. 2. AND BE IT FURTHER ENACTED, THAT IT IS THE
LEGISLATIVE INTENT THAT THE PROVISIONS OF THIS
ACT FOR GIVING NOTICE TO THE BOARD OF AN INTENTION
TO FILE A CLAIM, WITHIN ONE HUNDRED AND EIGHTY
(180) DAYS AFTER AN ACCIDENT, SHALL APPLY TO ACCI-
DENTS OCCURRING ON AND AFTER MARCH 1, 1961.

Sec. 2 3. And be it further enacted, That this Act shall take effect
June 1, 1961.

Approved May 3, 1961.

 

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Session Laws, 1961
Volume 654, Page 1177   View pdf image (33K)
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