A-25 - Automobile Insurance Act

Section 148 Disposition versions

2000-01-01

148. The victim having a claim that could be the basis of an application to the Société who cannot ascertain the identity of the driver or owner of the automobile that caused the accident may give the Société a detailed notice thereof within 60 days of the accident; failure to give such notice does not deprive such victim of his right of action, if he proves that he was prevented from giving it for reasons deemed sufficient. No claim is admissible if

(1)  the repairs were made before the damage was appraised by the expert designated by the Société; or

(2)  the accident was not reported to a police department within 48 hours, unless the claimant was unable, for serious and valid reasons, to act sooner.

Within 60 days of receiving the notice referred to in the first paragraph, the Société must satisfy the claim covering the part of the damage for which the victim is not responsible up to the amounts indicated in section 143, deducting from any amount due for damage to property the deductible fixed by a regulation of the Société.

If the Société fails to satisfy the claim within the time prescribed in the second paragraph, the victims may take action against the Société and the Société must satisfy the judgment up to the amounts indicated in section 143, deducting from any amount due for damage to property the deductible fixed by a regulation of the Société.

1977, c. 68, s. 148; 1982, c. 59, s. 69; 1989, c. 15, s. 9; 1990, c. 19, s. 11; 1999, c. 22, s. 29.

1990-06-22

148. The victim having a claim that could be the basis of an application to the Société who cannot ascertain the identity of the driver or owner of the automobile that caused the accident may give the Société a detailed notice thereof within 90 days of the accident; failure to give such notice does not deprive such victim of his right of action, if he proves that he was prevented from giving it for reasons deemed sufficient.

Within 60 days of receiving the notice referred to in the first paragraph, the Société must satisfy the claim up to the amounts indicated in section 143, deducting from any amount due for damage to property the amount of $250.

If the Société fails to satisfy the claim within the time prescribed in the second paragraph, the victims may take action against the Société and the Société must satisfy the judgment up to the amounts indicated in section 143, deducting from any amount due for damage to property the amount of $250.

1977, c. 68, s. 148; 1982, c. 59, s. 69; 1989, c. 15, s. 9; 1990, c. 19, s. 11.

1990-01-01

148. The victim having a claim that could be the basis of an application to the Régie who cannot ascertain the identity of the driver or owner of the automobile that caused the accident may give the Régie a detailed notice thereof within 90 days of the accident; failure to give such notice does not deprive such victim of his right of action, if he proves that he was prevented from giving it for reasons deemed sufficient.

Within 60 days of receiving the notice referred to in the first paragraph, the Régie must satisfy the claim up to the amounts indicated in section 143, deducting from any amount due for damage to property the amount of $250.

If the Régie fails to satisfy the claim within the time prescribed in the second paragraph, the victims may take action against the Régie and the Régie must satisfy the judgment up to the amounts indicated in section 143, deducting from any amount due for damage to property the amount of $250.

1977, c. 68, s. 148; 1982, c. 59, s. 69; 1989, c. 15, s. 9.

1983-03-01

148. The victim having a claim that could be the basis of an application to the Régie who cannot ascertain the identity of the driver or owner of the automobile that caused the accident may give the Régie a detailed notice thereof within ninety days of the accident; failure to give such notice does not deprive such victim of his right of action, if he proves that he was prevented from giving it for reasons deemed sufficient.

Failing settlement within sixty days, such victims may take action against the Régie and the Régie must satisfy the judgment up to the amounts indicated in section 143, deducting from any amount due for damage to property, the amount of $250.

1977, c. 68, s. 148; 1982, c. 59, s. 69.

1978-03-01

148. The victim having a claim that could be the basis of an application to the Fonds d’indemnisation who cannot ascertain the identity of the driver or owner of the automobile that caused the accident may give the Fonds d’indemnisation a detailed notice thereof within ninety days of the accident; failure to give such notice does not deprive such victim of his right of action, if he proves that he was prevented from giving it for reasons deemed sufficient.

Failing settlement within sixty days, such victims may take action against the Fonds d’indemnisation and the Fonds d’indemnisation must satisfy the judgment up to the amounts indicated in section 143, deducting from any amount due for damage to property, the amount of two hundred and fifty dollars.

1977, c. 68, s. 148.