Motor Accident Injuries Act 2019

If the relevant insurer for a motor accident decides an injured person’s final offer WPI is less than 5%, the relevant insurer must, within the stated time, give the person a written notice—

if the insurer requested the IME provider to arrange a review of the first WPI report under section 159—including a copy of the IME provider’s notice of affirmation or increase; and

telling the person—

their final offer WPI; and

how they may apply to the ACAT for review of the final offer WPI decision; and

if separate WPI reports assess an injured person’s physical injuries and psychological injuries—how the final offer WPI was determined.

In this section:

stated time means—

if separate first WPI reports are provided for the injured person’s physical injuries and psychological injuries and the insurer requests the IME provider arrange a review of only 1 report under section 159—14 days after receiving the IME provider’s notice of affirmation or increase; or

if separate first WPI reports are provided for the injured person’s physical injuries and psychological injuries and the insurer requests the IME provider arrange a review of both reports under section 159—14 days after receiving the IME provider’s notice of affirmation or increase for both reports; or

if only 1 first WPI report is provided and the insurer requests the IME provider arrange a review under section 159—14 days after receiving the IME provider’s notice of affirmation or increase; or

if separate first WPI reports are provided for the injured person’s physical injuries and psychological injuries and the insurer did not request the IME provider arrange a review of either report under section 159—28 days after receiving the later of the second WPI reports; or

if only 1 first WPI report is provided and the insurer did not request the IME provider arrange a review under section 159—28 days after receiving the second WPI report.