Insurer believes injuries stable but no permanent impairment
139 Insurer believes injuries stable but no permanent impairment
This section applies if the relevant insurer for a motor accident—
receives a quality of life benefits application from a person injured in the accident; and
reasonably believes that—
the person’s injuries have stabilised; but
the person is not likely to have a permanent impairment as a result of the injuries.
The relevant insurer must give the injured person a written notice telling the person—
that the insurer believes—
the person’s injuries have stabilised; but
the person is not likely to have a permanent impairment as a result of the injuries; and
the reasons for the belief; and
that the insurer will not refer the person for a WPI assessment unless the person—
confirms the request for the assessment; and
pays an excess payment to the insurer for the assessment.
If the injured person confirms the request for a WPI assessment, in writing, and pays the excess payment, the relevant insurer must refer the person to an authorised IME provider for a WPI assessment.
If the injured person’s WPI is greater than 0%, the relevant insurer must reimburse the person for the amount of the excess payment.
The excess payment is the higher of—
$500 AWE indexed; and
25% of the fee payable for the WPI assessment.
Note AWE indexed, for an amount—see s 18.
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