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s 238

Motor accident claim—notification of claim made under workers compensation scheme

In force
Chapter 5Motor accident injuries—common law damages
Part 5.1Preliminary

238 Motor accident claim—notification of claim made under workers compensation scheme

(1)

This section applies if—

(a)

a claimant makes a motor accident claim in relation to a motor accident; and

(b)

the claimant has made a claim for compensation under a workers compensation scheme (the workers compensation claim) in relation to personal injury or death caused by the motor accident.

(2)

The claimant must, at the time of making a motor accident claim, give the insurer for the motor accident claim notice that the workers compensation claim has been made.

(3)

The claimant must give the insurer for the motor accident claim written notice about the following:

(a)

the name and address of the insurer for the workers compensation claim;

(b)

whether liability for the workers compensation claim has been accepted or rejected;

(c)

any amounts paid to or on behalf of the claimant under the workers compensation claim.

(4)

If the insurer for the motor accident claim receives a notice under subsection (3), the insurer may get information about the workers compensation claim from the insurer for the workers compensation claim.

Part 5.2 Threshold for damages

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