Page 1645 - Week 05 - Tuesday, 14 May 2019
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9
Proposed new clause 127 (3) and (4)
Page 98, line 12—
insert
(3) If the relevant insurer proposes to amend the recovery plan, the relevant insurer must give the injured person and the injured person’s doctor a reasonable opportunity to consider the proposed amendments.
(4) The relevant insurer may include in the amended recovery plan any recommendations by the injured person’s doctor for treatment and care that is reasonable and necessary.
10
Clause 136
Page 104, line 9—
omit
damages for loss of quality of life
substitute
quality of life damages
11
Clause 141 (3) (b)
Page 108, line 9—
omit clause 141 (3) (b), substitute
(b) for a person who is not a person mentioned in subsection (3A)—the estimated WPI is taken to be the person’s WPI.
12
Proposed new clause 141 (3A) to (3E)
Page 108, line 12—
insert
(3A) Subsections (3B) and (3C) apply if—
(a) if——
(i) separate reports from an independent medical examiner assess an injured person’s physical injuries and psychological injuries—the higher estimated WPI is at least 5%; or
(ii) only 1 WPI report from an independent medical examiner assesses an injured person’s WPI—the estimated WPI is at least 5%; and
(b) the injured person is entitled to make a motor accident claim in relation to the motor accident.
(3B) The relevant insurer for the motor accident must, within 14 days after receiving the WPI report about the injured person, give the injured person a written notice—
(a) including a copy of the report; and
(b) telling the person that the person must, within 26 weeks after receiving the notice—
(i) accept the estimated WPI as the person’s WPI; or
(ii) make a motor accident claim and apply to stay a proceeding on the claim until the person’s injuries have stabilised; and
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