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s 140

Insurer believes injuries not stabilised—up to 4 years 6 months after motor accident

In force
Chapter 2Motor accident injuries—defined benefits
Part 2.6Defined benefits—quality of life benefits
Division 2.6.2Quality of life benefits—application

140 Insurer believes injuries not stabilised—up to 4 years 6 months after motor accident

(1)

This section applies if the relevant insurer for a motor accident—

(a)

receives a quality of life benefits application from a person injured in the accident; and

(b)

reasonably believes that the person’s injuries have not stabilised; and

(c)

it is less than 4 years and 6 months after the date of the motor accident.

(2)

The relevant insurer must give the injured person a written notice telling the person—

(a)

that the insurer believes the person’s injuries have not stabilised; and

(b)

the reasons for the belief; and

(c)

that the insurer recommends that the WPI assessment be delayed until the injuries have stabilised; and

(d)

that the injured person may request a WPI assessment be carried out immediately but the insurer will not pay for a further assessment if the assessment confirms that person’s injuries have not stabilised.

(3)

If the injured person requests a WPI assessment be carried out immediately, the relevant insurer must refer the injured person to an authorised IME provider for a WPI assessment.

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Section 140 — Insurer believes injuries not stabilised—up to 4 years 6 months after motor accident — Motor Accident Injuries Act 2019 (Australian Capital Territory) — Barrister AI