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Public Liability
Many different types of claims come under the broad description "Public Liability".
These claims are regulated by the Personal Injuries Proceedings Act 2002 and the Civil Liability Act 2003 which:
- Impose strict time limits for lodging a Notice of Claim;
- Require the completion of pre-Court procedures, including mandatory mediation, before a lawsuit can be started;
- Protect the at-fault party from paying the victim's legal costs of making a claim;
- Protect the at-fault party from full accountability for the damage caused to the victim;
A Notice of Claim Part 1 (NOC-1) must be sent to the at-fault party within one month after the day the claimant first instructs a law practice to act to seek damages for the personal injury and the person against whom the proceeding is proposed to be started is identified or 9 months from the date of injury (or first appearance of symptoms) whichever date occurs first. There must be a reasonable excuse for a delay submitted at the time the NOC-1 is lodged where it is lodged outside the applicable time limit.
The insurer has one month to tell us whether it considers your notice complies with the Personal Injuries Proceedings Act. Claimants may be required to provide further Statutory Declaration relating to further matters to achieve compliance.
From the date that compliance is confirmed, the insurer has 6 months to respond to the merits of the claim.
After the NOC-1 has been accepted, the NOC part 2 must be completed and lodged.
For details on how the claim progresses from when the Notice of Claim is lodged, Go to: The Claim System
The following are the types of claims that come under the description "Public Liability":
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