Page 1652 - Week 05 - Tuesday, 14 May 2019

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

Examples—reasonable steps

1 including information in the written notice under s (2) 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

Clause 155 (1) and (2)

Page 117, line 9—

omit clause 155 (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%; and

(b) the injured person is 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

(i) that the person is entitled to make a motor accident claim in relation to the motor accident; and

(ii) that if the person accepts the offer and makes a motor accident claim, the person is not entitled to damages for loss of quality of life under chapter 5 (Motor accident injuries—common law damages); and

(d) telling the person that the person must, by the due date—

(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.

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