WPI assessment—both physical and psychological injuries
150 WPI assessment—both physical and psychological injuries
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
This Act’s bill:Explanatory statementSecond reading speech
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