Page 1647 - Week 05 - Tuesday, 14 May 2019

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(a) stating that the person—

(i) is not entitled to proceed with the motor accident claim; and

(ii) is liable for their own costs in relation to the motor accident claim; and

(iii) is not entitled to a further WPI assessment; and

(iv) is not entitled to an SOI assessment; and

(b) offering the person the amount of quality of life benefits payable for their WPI under division 2.6.4 (Quality of life benefits—amount payable); and

(c) telling the person that the person must, within 28 days after receiving the notice, notify the insurer, in writing, whether they accept the offer.

(7) If the injured person does not notify the relevant insurer within the 28 days, the person is taken to have accepted the offer.

(8) 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 (6) within the 28 days.

Examples—reasonable steps

1 including information in the written notice under s (6) about the consequences of failing to notify the insurer within the 28 days

2 sending the injured person a reminder notice before the end of the 28 days

(9) If the injured person accepts (or is taken to accept) the offer—

(a) the person’s application for quality of life benefits is taken to have been finally dealt with; and

(b) the relevant insurer must pay to the person the amount of quality of life benefits payable for their WPI under division 2.6.4.

Proposed new clause 146 (1) (e)

Page 110, line 24—

insert

(e) section 141A (WPI assessment—injured person’s injuries stabilised).

Clause 149

Page 112, line 13—

omit clause 149, substitute

149 WPI assessment—both physical and psychological injuries

(1) This section applies if an injured person sustains both a physical injury and a primary psychological injury resulting from a motor accident.

(2) The injured person may request separate WPI assessments of—

(a) the physical injury; and

(b) the primary psychological injury.

(3) However, the injured person may request a WPI assessment of the primary psychological injury only if the person has received—

(a) mental health treatment for the injury; and

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