Motor Accident Injuries Act 2019

A person injured in a motor accident is taken to have a WPI of 10% for this Act if the person—

was a child on the date of the motor accident; and

4 years and 6 months after the date of the motor accident—

is receiving treatment and care benefits in relation to the person’s injury and meets the requirements prescribed by regulation; or

is a participant in the LTCS scheme in relation to the person’s injury.

The MAI guidelines may make provision about the information that may be given to a person mentioned in s (1) about the time limits for making a motor accident claim and seeking legal advice about whether to make a motor accident claim (see s 52 (2) (f)).

Subsection (1) does not prevent a person mentioned in that subsection from making a quality of life benefits application under division 2.6.2 (Quality of life benefits—application).

If a WPI assessment is carried out in relation to an injured person mentioned in subsection (1), the assessment may increase, but not reduce, the injured person’s assessed WPI.