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 159— 14 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 159— 28 days after receiving the second WPI report.