Motor Accident Injuries Act 2019

An application for defined benefits in relation to a motor accident must be made within the application period.

The relevant insurer for a motor accident may accept an application for defined benefits made after the application period (a late application) if—

the application is made—

for income replacement benefits or treatment and care benefits, or both—within 2 years after the date of the motor accident; or

for death benefits and funeral benefits—within 1 year after the date of the injured person’s death; and

the relevant insurer is satisfied the applicant has a full and satisfactory explanation for the late application.

Full and satisfactory explanation—see s 35.

The relevant insurer—

may ask the applicant for additional information in relation to the application; and

need not make a decision about accepting the application until the insurer receives the additional information.

However, if the relevant insurer does not respond to the applicant about the applicant’s explanation for the late application within 28 days after receiving it, the relevant insurer is taken to have accepted the application.

The relevant insurer need not accept an application if the application is made after the time stated in subsection (2) (a).