Page 1646 - Week 05 - Tuesday, 14 May 2019

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video

(i) the person must notify the relevant insurer when the person’s injuries have stabilised; and

(ii) that the relevant insurer will refer the person to an authorised IME provider for a second WPI assessment; and

(iii) that the person is liable for the costs of the second WPI assessment; and

(iv) that if the WPI report from the second WPI assessment assesses the person’s WPI as less than 10%, the person is not entitled to proceed with the motor accident claim and is liable for their own costs in relation to the claim.

(3C) The injured person must make a decision under subsection (3B) within 26 weeks after the date the person is notified of the person’s estimated WPI.

Note If the injured person’s estimated WPI is taken to be the person’s WPI, div 2.6.3 and ch 3 apply to the person.

(3D) If the injured person does not notify the insurer within the 26 weeks, the injured person is taken to have accepted the estimated WPI as the person’s WPI.

(3E) The relevant insurer must take all reasonable steps to notify the injured person about the consequences of failing to notify the insurer as stated in the notice under subsection (3B) within the 26 weeks.

Examples—reasonable steps

1 including information in the written notice under s (3B) about the consequences of failing to notify the insurer within the 26 weeks

2 sending the injured person a reminder notice before the end of the 26 weeks

Proposed new clause 141A

Page 108, line 15—

insert

141A WPI assessment—injured person’s injuries stabilised

(1) This section applies if an injured person to whom section 141 (3A) applies—

(a) makes a motor accident claim in relation to the motor accident; and

(b) applies to stay a proceeding on the claim until the person’s injuries have stabilised.

(2) The injured person must tell the relevant insurer for the motor accident, in writing, that the person’s injuries have stabilised.

(3) The relevant insurer must refer the injured person to an authorised IME provider for a second WPI assessment.

(4) The injured person is liable for the costs of the second WPI assessment.

Note The IME provider must give the WPI report about the assessment to the relevant insurer (see s 151).

(5) If the WPI report assesses the injured person’s WPI as 10% or more, the injured person is entitled to proceed with the motor accident claim.

(6) If the WPI report assesses the injured person’s WPI as less than 10%, the relevant insurer must, within 14 days after receiving the report, give the injured person a written notice—

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video