WPI 10% or more—injured person not entitled to make motor accident claim
156 WPI 10% or more—injured person not entitled to make motor accident claim
This section applies if—
separate WPI reports from an independent medical examiner assess an injured person’s physical injuries and psychological injuries; and
the higher WPI assessment assesses the person’s WPI as at least 10%; but
the injured person is not entitled to make a motor accident claim in relation to the motor accident.
This section also applies if—
only 1 WPI report from an independent medical examiner assesses an injured person’s WPI; and
the person’s WPI is assessed as at least 10%; but
the injured person is not entitled to make a motor accident claim in relation to the motor accident.
The relevant insurer for the motor accident must give the injured person a written notice—
including a copy of each report; 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 26 weeks after receiving the notice—
notify the insurer, in writing, whether they accept or disagree with each report; and
if the person disagrees with a report and wishes to have a second WPI assessment carried out—
arrange a second WPI assessment at their own expense; and
give the insurer the second WPI report.
The relevant insurer for the motor accident must give the notice to the injured person—
if there are separate WPI reports for the person’s physical and psychological injuries—within 14 days after receiving the later report; or
if there is only 1 WPI report—within 14 days after receiving the report.
If the injured person does not notify the insurer, and give the insurer the second WPI report, within the 26 weeks, 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, and failing to give the insurer the second WPI report, as stated in the notice under subsection (3) within the 26 weeks.
Examples—reasonable steps
1 including information in the written notice under s (3) about the consequences of failing to notify the insurer, and failing to give the insurer the second WPI report, within the 26 weeks
2 sending the injured person a reminder notice before the end of the 26 weeks
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 amount of quality of life benefits payable for their WPI under division 2.6.4 must be paid by the relevant insurer to the person.
This Act’s bill:Explanatory statementSecond reading speech
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