Page 1637 - Week 05 - Tuesday, 14 May 2019
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Note The MAI guidelines may make provision about the information that may be given to a person mentioned in s (1) about the time limits for making a motor accident claim and seeking legal advice about whether to make a motor accident claim (see s 52 (2) (f)).
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Clause 139 (2) (c)
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(c) that the insurer will not refer the person for a WPI assessment unless the person confirms the request for the assessment.
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Clause 139 (3)
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and pays the excess payment,
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Clause 139 (4)
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(4) If the injured person’s WPI is 0%, the injured person must pay an excess payment to the relevant insurer for the assessment.
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Clause 141 (4)
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Clause 149
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149 WPI assessment—both physical and psychological injuries
(1) If an injured person sustains both a physical injury and a psychological injury resulting from a motor accident, the person is entitled to quality of life benefits for whole person impairment resulting from both injuries.
(2) The injured person may have a WPI assessment for each kind of injury.
(3) Each WPI assessment may be carried out by a different independent medical examiner.
(4) The WPI assessments may be combined in accordance with the WPI assessment guidelines to decide the injured person’s WPI.
(5) The relevant insurer for the motor accident is liable for the costs of each WPI assessment.
(6) In this section:
psychological injury, resulting from a motor accident, means an injury that is—
(a) a psychological or psychiatric disorder, including the physiological effect of a psychological or psychiatric disorder on the nervous system; and
(b) diagnosed by a psychiatrist or clinical psychologist.
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