Road Traffic Act, 1933

Obligation to give to insurer or guarantor notice of accident.

74.—(1) Whenever an event occurs in relation to a mechanically propelled vehicle in consequence of which the vehicle insurer who issued an approved policy of insurance or an approved combined policy and guarantee or the principal debtor under an approved guarantee then in force in respect of such vehicle may become liable to pay money to any person the owner of such vehicle shall, as soon as practicable after the occurrence of such event or where such event did not occur in his presence within forty-eight hours after the occurrence of such event first came to his knowledge, give to the vehicle insurer by whom such policy or policy and guarantee was issued or to the vehicle insurer or vehicle guarantor by whom such guarantee was issued (as the case may require) notice in writing of the occurrence of such event together with such particulars of such event as are in his knowledge or procurement and are reasonably required by such insurer or guarantor.

(2) An approved policy of insurance, an approved combined policy and guarantee, or an approved guarantee may contain a provision relieving the insured or the principal debtor (as the case may be) thereunder from the obligation imposed by this section of giving the notice mentioned in the first sub-section of this section, and where such provision is contained in an approved policy of insurance, an approved combined policy and guarantee, or an approved guarantee, the failure by the insured or the principal debtor (as the case may be) thereunder to give such notice shall not be a contravention of this section.

(3) Any person who in contravention of this section fails to give to a vehicle insurer or a vehicle guarantor (as the case may require) within the time specified by this section any notice or any particulars which he is required by this section to give such insurer or guarantor shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(4) Any notice or any particulars which the owner of a vehicle is required by this section to give to any vehicle insurer or vehicle guarantor may be given by such owner posting such notice or particulars in a properly closed and prepaid envelope addressed to such vehicle insurer or vehicle guarantor (as the case may require) and such notice or particulars shall be deemed to be given in the time specified in this section for the giving of such notice or particulars if so posted within such time.