Motor Accident Injuries Act 2019

This section applies if the relevant insurer for a motor accident (the first insurer) intends to reject liability for defined benefits because another insurer (the second insurer) appears to be liable for the application.

Before the first insurer gives the applicant a transfer notice under section 65 (Relevant insurer must decide liability for defined benefits), the first insurer must give the second insurer the applicant’s application for defined benefits, and any information the applicant gave the first insurer in relation to the application.

The application is taken to have been given to the second insurer on the date it was given to the first insurer.

If, after assessing the application, the second insurer decides to accept liability for the application, as soon as practicable, but not later than 28 days after the date of the receipt notice given to the applicant by the first insurer—

the first insurer must give the applicant the transfer notice; and

the second insurer must tell the applicant—

about the decision to accept liability for the application; and

that the applicant must give the second insurer an authority to disclose personal health information.

Note Authority to disclose personal health information—see s 54.

Liability for the application is taken to have been transferred to the second insurer when the applicant receives notification of the second insurer’s decision under subsection (4).

The first insurer may recover the following amounts as a debt from the second insurer:

any amounts of the applicant’s allowable expenses already paid;

the cost of managing the application.