Page 1649 - Week 05 - Tuesday, 14 May 2019

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151A  WPI—both physical and psychological injuries

(1) This section applies if—

(a) a WPI assessment of an injured person’s physical injuries and psychological injuries has been carried out; and

(b) the WPI for each kind of injury is assessed at more than 0%.

(2) The relevant insurer for the motor accident may take into account the WPI for each kind of injury to determine the amount of quality of life benefits the insurer may offer the injured person.

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Clause 152 (1)

Page 114, line 11—

omit clause 152 (1), substitute

(1) This section applies if—

(a) if separate WPI reports from an independent medical examiner assess an injured person’s physical injuries and psychological injuries—the higher WPI assessment assesses the person’s WPI as less than 5%; or

(b) if only 1 WPI report from an independent medical examiner assesses an injured person’s WPI—the person’s WPI is assessed as less than 5%.

(1A) The relevant insurer for the motor accident must give the injured person a written notice—

(a) including a copy of each report; and

(b) if there are separate WPI reports for the person’s physical and psychological injuries, and the insurer considers that it is appropriate to make an offer to the person—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), taking into account each WPI report; and

(c) telling the person that the person must, within 26 weeks after receiving the notice—

(i) notify the insurer, in writing, whether they accept or disagree with each report; and

(ii) if the person disagrees with a report and wishes to have a second WPI assessment carried out—

(A) arrange a second WPI assessment at their own expense; and

(B) give the insurer the second WPI report.

(1B) The relevant insurer for the motor accident must give the notice to the injured person—

(a) if there are separate WPI reports for the person’s physical and psychological injuries—within 14 days after receiving the later report; or

(b) if there is only 1 WPI report—within 14 days after receiving the report.

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Proposed new clause 152 (2A)

Page 114, line 27—

insert

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