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MOTOR ACCIDENT INJURIES ACT 2019 - SECT 161 Final offer WPI less than 5%

MOTOR ACCIDENT INJURIES ACT 2019 - SECT 161

Final offer WPI less than 5%

    (1)     If the relevant insurer for a motor accident decides an injured person's final offer WPI is less than 5%, the relevant insurer must, within the stated time, give the person a written notice—

        (a)     if the insurer requested the IME provider to arrange a review of the first WPI report under section 159—including a copy of the IME provider's notice of affirmation or increase; and

        (b)     telling the person—

              (i)     their final offer WPI; and

              (ii)     how they may apply to the ACAT for review of the final offer WPI decision; and

              (iii)     if separate WPI reports assess an injured person's physical injuries and psychological injuries—how the final offer WPI was determined.

    (2)     In this section:

"stated time" means—

        (a)     if separate first WPI reports are provided for the injured person's physical injuries and psychological injuries and the insurer requests the IME provider arrange a review of only 1 report under section 159 14 days after receiving the IME provider's notice of affirmation or increase; or

        (b)     if separate first WPI reports are provided for the injured person's physical injuries and psychological injuries and the insurer requests the IME provider arrange a review of both reports under section 159 14 days after receiving the IME provider's notice of affirmation or increase for both reports; or

        (c)     if only 1 first WPI report is provided and the insurer requests the IME provider arrange a review under section 15914 days after receiving the IME provider's notice of affirmation or increase; or

        (d)     if separate first WPI reports are provided for the injured person's physical injuries and psychological injuries and the insurer did not request the IME provider arrange a review of either report under section 159 28 days after receiving the later of the second WPI reports; or

        (e)     if only 1 first WPI report is provided and the insurer did not request the IME provider arrange a review under section 15928 days after receiving the second WPI report.