Motor Accident Injuries Act 2019

This section applies if—

the relevant insurer for a motor accident decides an injured person’s final offer WPI is at least 10%; and

the injured person is entitled to make a motor accident claim in relation to the motor accident.

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 injured 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; and

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

explaining the consequences of accepting the offer, including—

that the person is entitled to make a motor accident claim in relation to the motor accident; and

that if the person accepts the offer and makes a motor accident claim, the person is not entitled to damages for loss of quality of life under chapter 5; and

telling the person that the person must notify the insurer, in writing, by the due date, whether they—

accept the offer; or

have applied to the ACAT for review of the final offer WPI decision.

If the injured person accepts 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 injured person the amount of quality of life benefits payable for their final offer WPI under division 2.6.4.

If the injured person does not notify the insurer by the due date, the injured person’s—

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

entitlement to quality of life benefits in relation to the motor accident ends.

The relevant insurer must take all reasonable steps to notify the injured person about the due date and the consequences of failing to notify the insurer as stated in the notice under subsection (2) by the due date.

Examples—reasonable steps

1 including information in the written notice under s (2) about the due date and the consequences of failing to notify the insurer by the due date

2 sending the injured person a reminder notice before the due date

In this section:

complying notice of claim—see section 257.

due date means the later of—

5 years after the date of the motor accident; and

26 weeks after the person receives the notice; and

if the injured person gives a complying notice of claim—6 weeks after the date the claim is finally decided.

stated time means—

if separate WPI reports were provided for the injured person’s physical injuries and psychological injuries and the insurer requested 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 were provided for the injured person’s physical injuries and psychological injuries and the insurer requested 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 was provided and the insurer requested 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.