If a claimant waives the right to commission review pursuant to the provisions of section 33-3-107, such claimant may commence an action for damages and, in connection therewith, shall be entitled to a trial de novo in the small claims division of the county court of the county in which the damage or any portion thereof is alleged to have occurred. Such action shall be filed within sixty days after the claimant receives notice of denial by the division, which notice shall set forth the reasons for denial, or within sixty days after the claimant receives an offer of settlement from the division. If the action is not filed within said sixty-day period, such action shall be forever barred.
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