Miscellaneous claims assessment matters
3 Miscellaneous claims assessment matters
The following matters are declared to be miscellaneous claims assessment matters for the purposes of Part 7—
whether for the purposes of section 2.30 (Claim against Nominal Defendant where vehicle not identified) there has been due inquiry and search to establish the identity of a motor vehicle,
whether for the purposes of section 2.30 (Claim against Nominal Defendant where vehicle not identified) the person whose death or injury resulted from the motor accident was a trespasser on land that is a road related area open to or used by the public for driving, riding or parking vehicles,
whether the Nominal Defendant has lost the right to reject a claim under section 2.31 (Rejection of claim for failure to make due inquiry and search to establish identity of vehicle) of the Act for failure to make due inquiry and search to establish the identity of a vehicle,
whether for the purposes of section 3.1 (Statutory benefits payable in respect of death or injury resulting from motor accident) the death of or injury to a person has resulted from a motor accident in this State,
which insurer is the insurer of the at-fault motor vehicle for the purposes of section 3.3 (Determination of relevant insurer),
whether for the purposes of section 3.11 (Cessation of weekly payments after 52 weeks to injured persons most at fault or with threshold injuries) the motor accident concerned was caused wholly or mostly by the fault of the injured person,
whether for the purposes of section 3.28 (Cessation of statutory benefits after 52 weeks to injured adult persons most at fault or to injured persons with threshold injuries) or 3.36 (No statutory benefits for at-fault driver or owner if vehicle uninsured) the motor accident was caused wholly or mostly by the fault of the injured person,
whether the insurer is entitled to refuse payment of statutory benefits in accordance with section 3.37 (No statutory benefits payable to injured person who commits serious driving offence),
whether the insurer is entitled to reduce the statutory benefits payable in respect of the motor accident in accordance with section 3.38 (Reduction of weekly statutory benefits after 12 months for contributory negligence),
whether for the purposes of Part 5 (Recovery for no-fault motor accidents) a motor accident is a no-fault motor accident,
whether for the purposes of Part 6 (Motor accident claims) the claimant has given a full and satisfactory explanation for non-compliance with a duty or for delay,
whether for the purposes of section 6.9 (Compliance with verification requirements—claim for statutory benefits) or 6.10 (Compliance with verification requirements—claim for damages) the motor accident verification requirements have been complied with,
whether notice of a claim has been given in accordance with section 6.12 (Notice of claims for statutory benefits or damages),
whether the insurer is entitled to refuse payment of statutory benefits, including statutory benefits for a period before a claim is made, in accordance with section 6.13 (Time for making of claims for statutory benefits),
whether a late claim may be made in accordance with section 6.14 (Time for making of claims for damages),
whether a claim may be rejected for non-compliance with section 6.15 (How notice of claims given),
any issue of liability for a claim, or part of a claim, for statutory benefits not otherwise specified in this Schedule.
This Act’s bill:Explanatory memorandumSecond reading speech
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