Motor Accident Injuries Act 2019

The MAI guidelines may make provision for information and support that the relevant insurer for a motor accident must give applicants for defined benefits.

In particular, the MAI guidelines may make provision for the following:

the circumstances in which the relevant insurer for a motor accident must give support and information to a person injured in the motor accident;

if a person injured in a motor accident contacts an insurer for a motor vehicle involved in the motor accident—the information that must be given to the person about the procedures relating to applying for defined benefits, including—

accessing, completing and submitting an application; and

information to be given with an application; and

time limits applying to the making of an application; and

to whom an application must be given;

Example if the injured person can’t work out who is the relevant insurer, that the person give the application to their own insurer

the information that must be given with a receipt notice for an application for treatment and care benefits and income replacement benefits, including information about allowable expenses for treatment and care;

Note See s 60 for when a receipt notice is given.

the information that must be given in relation to an application for treatment and care benefits and income replacement benefits for which the relevant insurer has accepted liability, including the following:

the procedure for obtaining approval for treatment and care;

the procedure for reimbursement of treatment and care expenses, domestic services expenses and travel expenses;

the evidence the applicant must give the insurer about the applicant’s fitness for work, how often the evidence must be given to the insurer and how the applicant must tell the insurer about any change in the applicant’s work arrangements;

information to be given to a person injured in a motor accident to help the person decide whether the person is eligible for a quality of life payment, including information about the following:

the WPI needed to be eligible for a quality of life benefit or to make a motor accident claim;

the procedure for applying for a WPI assessment;

the time limits and conditions applying to the making of an application for quality of life benefits;

information to be given to a person who is taken, under section 133 (WPI taken to be 10% in certain circumstances), to have a WPI of 10%, including the following information:

the time limits for making a motor accident claim;

seeking legal advice about whether to make a motor accident claim;

information to be given to a person who receives a WPI report under section 157 (WPI 10% or more—injured person entitled to make motor accident claim) or section 164 (Final offer WPI 10% or more—injured person entitled to make motor accident claim) stating that the person’s WPI is at least 10%, including the following information:

the consequences of accepting a quality of life benefit;

the time limits for making a motor accident claim;

seeking legal advice about whether to make a motor accident claim;

information to be given to a person injured in a motor accident who receives a notice under section 213 (SOI report—injury has significant occupational impact) stating that the person is entitled to make a motor accident claim in relation to the motor accident, including the following information:

the time limits for making a motor accident claim;

seeking legal advice about whether to make a motor accident claim.

The MAI guidelines may make provision for when and how a relevant insurer for a motor accident must give the information mentioned in subsection (2) to a person injured in the motor accident.

Division 2.3.2 Application for defined benefits

Subdivision 2.3.2.1 Definitions—pt 2.3