§ 5208. Notice of claim. (a) The protection provided by the\ncorporation on account of motor vehicle accidents caused by financially\nirresponsible motorists shall be available to:\n (1) Any qualified person having a cause of action because of death or\nbodily injury, arising out of a motor vehicle accident occurring within\nthis state, who files with the corporation within one hundred eighty\ndays of the accrual of the cause of action, as a condition precedent to\nthe right to apply for payment from the corporation, an affidavit\nstating that:\n (A) the person has a cause of action for damages arising out of the\naccident and setting forth the facts in support,\n (B) the cause of action is against the owner or operator of a\ndesignated uninsured motor vehicle, and\n (C) the person is making a claim for such damages.\n (2) (A) Any qualified person having a cause of action because of death\nor bodily injury, arising out of a motor vehicle accident occurring\nwithin this state and reported within twenty-four hours after the\noccurrence to a police, peace or judicial officer in the vicinity or to\nthe commissioner, and who files with the corporation within ninety days\nof the accrual of the cause of action, as a condition precedent to the\nright to apply for payment from the corporation, an affidavit stating\nthat:\n (i) the person has the cause of action for damages arising out of the\naccident and setting forth the supporting facts,\n (ii) the cause of action is against a person whose identity is\nunascertainable, and\n (iii) the person is making a claim for those damages.\n (B) The fact that the accident was not reported within twenty-four\nhours after the occurrence as required by subparagraph (A) hereof shall\nnot prejudice the rights of the person if it is shown that it was not\nreasonably possible to make such a report or that it was made as soon as\nwas reasonably possible.\n (3) (A) Any qualified person having a cause of action because of death\nor bodily injury, arising out of a motor vehicle accident occurring\nwithin this state, who files with the corporation an affidavit as a\ncondition precedent to the right to apply for payment from the\ncorporation, stating that:\n (i) the person has a cause of action for damages arising out of the\naccident for damages and setting forth the supporting facts,\n (ii) the insurers of the person alleged to be liable for the damages\nhave disclaimed liability or denied coverage because of some act or\nomission of the person alleged to be liable including the denial of\ncoverage based upon the lack of a policy of insurance in effect at the\ntime the cause of action arose; provided, however, that in the case of a\ndenial of coverage based upon the lack of a policy of insurance in\neffect at the time the cause of action arose, timely reasonable efforts\nhad been made to ascertain insurance coverage, and\n (iii) the person is making a claim for those damages.\n (B) The affidavit shall be filed within one hundred eighty days of the\naffiant's receipt of notice of the disclaimer or denial of coverage.\n (b) If a qualified person fails to file the affidavit as provided in\nparagraphs one and two of subsection (a) hereof within the specified\nperiod, or by reason of being an infant or mentally or physically\nincapacitated or deceased, is prevented from filing the affidavit as\nprovided in paragraph three of such subsection within the specified\nperiod, or fails to file within one hundred eighty days, due to receipt\nof erroneous information from the department of motor vehicles or\nerroneous information from a police report with respect to\nidentification of a vehicle, then upon a filing within thirty-one days\nof receipt of written notice of correction of the error by the\ndepartment of motor vehicles or discovery of the mistake contained in\nthe police report:\n (1) The corporation may accept the filing of the affidavit if\naccompanied by proof satisfactory to it, of the fac
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