Motor Accident Injuries Act 2019

This section applies if an injured person to whom section 141 (4) applies—

makes a motor accident claim in relation to the motor accident; and

applies to stay a proceeding on the claim until the person’s injuries have stabilised.

The injured person must tell the relevant insurer for the motor accident, in writing, that the person’s injuries have stabilised.

The relevant insurer must refer the injured person to an authorised IME provider for a second WPI assessment.

The injured person is liable for the costs of the second WPI assessment.

Note The IME provider must give the WPI report about the assessment to the relevant insurer (see s 152).

If the WPI report assesses the injured person’s WPI as 10% or more, the injured person is entitled to proceed with the motor accident claim.

If the WPI report assesses the injured person’s WPI as less than 10%, the relevant insurer must, within 14 days after receiving the report, give the injured person a written notice—

stating that the person—

is not entitled to proceed with the motor accident claim; and

is liable for their own costs in relation to the motor accident claim; and

is not entitled to a further WPI assessment; and

is not entitled to an SOI assessment; and

offering the person the amount of quality of life benefits payable for their WPI under division 2.6.4 (Quality of life benefits—amount payable); and

telling the person that the person must, within 28 days after receiving the notice, notify the insurer, in writing, whether they accept the offer.

If the injured person does not notify the relevant insurer within the 28 days, the person is taken to have accepted the offer.

The relevant insurer must take all reasonable steps to notify the injured person about the consequences of failing to notify the insurer as stated in the notice under subsection (6) within the 28 days.

Examples—reasonable steps

1 including information in the written notice under s (6) about the consequences of failing to notify the insurer within the 28 days

2 sending the injured person a reminder notice before the end of the 28 days

If the injured person accepts (or is taken to accept) the offer—

the person’s application for quality of life benefits is taken to have been finally dealt with; and

the relevant insurer must pay to the person the amount of quality of life benefits payable for their WPI under division 2.6.4.

Division 2.6.3 Quality of life benefits—WPI assessment