Page 1651 - Week 05 - Tuesday, 14 May 2019

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Examples—reasonable steps

1 including information in the written notice under s (1) about the consequences of failing to notify the insurer, and failing to give the insurer the second WPI report, within the 26 weeks

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

23

Clause 154 (1) and (2)

Page 116, line 6—

omit clause 154 (1) and (2), substitute

(1) This section applies if—

(a) if—

(i) 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 at least 10%; or

(ii) only 1 WPI report from an independent medical examiner assesses an injured person’s WPI—the person’s WPI is assessed as at least 10%; but

(b) the injured person is not entitled to make a motor accident claim in relation to the motor accident.

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

(a) including a copy of each report; 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 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.

(2A) 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.

24

Proposed new clause 154 (3A)

Page 116, line 28—

insert

(3A) The relevant insurer must take all reasonable steps to notify the injured person about the consequences of failing to notify the insurer, and failing to give the insurer the second WPI report, as stated in the notice under subsection (2) within the 26 weeks.

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