Motor Accident Injuries Act 2019

This section applies if an injured person sustains both a physical injury and a primary psychological injury resulting from a motor accident.

The injured person may request separate WPI assessments of—

the physical injury; and

the primary psychological injury.

However, the injured person may request a WPI assessment of the primary psychological injury only if the person has received—

mental health treatment for the injury; and

a notice, in writing, from a psychiatrist or clinical psychologist that the psychiatrist or clinical psychologist reasonably believes the person is likely to have a permanent psychological injury resulting from the motor accident.

To remove any doubt—

a WPI assessment of a physical injury may take into account a secondary psychological injury; but

a WPI assessment of a primary psychological injury must not take into account a secondary psychological injury.

The relevant insurer for the motor accident is only liable for the costs of 1 WPI assessment for each kind of injury.

In this section:

primary psychological injury—

means an injury that is—

a psychological or psychiatric disorder, including the physiological effect of a psychological or psychiatric disorder on the nervous system, that results directly from a motor accident; and

diagnosed by a psychiatrist or clinical psychologist; but

does not include a psychological or psychiatric disorder that results from a physical injury resulting from a motor accident.

Example—psychological injury resulting from a motor accident post-traumatic stress disorder as a result of witnessing the motor accident secondary psychological injury means an injury that is—

a psychological or psychiatric disorder that results from a physical injury resulting from a motor accident; and

diagnosed by a psychiatrist or clinical psychologist.

Example—psychological injury that results from physical injury depression and anxiety as a result of ongoing pain from the physical injury