MOTOR ACCIDENTS ACT 1988 - SECT 48
Duty of claimant to co-operate with other party
MOTOR ACCIDENTS ACT 1988 - SECT 48
Duty of claimant to co-operate with other party
48 Duty of claimant to co-operate with other party
(1) The object of this section is to maximise communication between the
parties so that sound and timely information is available and disputes are
minimised.
(1A) A claimant must co-operate fully in respect of the claim with
the person against whom the claim is made and the person's insurer for the
purpose of giving the person and the insurer sufficient information:
(a) to be
satisfied as to the validity of the claim and, in particular, to assess
whether the claim or any part of the claim may be fraudulent, and
(b) to be
able to make an early assessment of liability, and
(c) to be able to make an
informed offer of settlement.
(2) In particular, the claimant must comply
with any reasonable request by the other party or the other party's insurer:
(a) to furnish specified information (in addition to the information furnished
in the claim form) or to produce specified documents or records, or
(b) to
provide a photograph of and evidence as to the identity of the claimant.
(2A)
The reasonableness of a request may be assessed having regard to criteria
including the following:
(a) the amount of time the claimant needs to comply
with the request,
(b) whether the information sought is cogent and relevant
to a determination of liability or quantum of loss, having regard to the
nature of the claim,
(c) the amount of information which has already been
supplied to or is available to an insurer to enable liability and quantum of
loss to be assessed and an offer of settlement made,
(d) how onerous it will
be for the claimant to comply with the request,
(e) whether the information
is privileged,
(f) whether the information sought is sufficiently specified,
(g) the time of the request and whether the claimant will be delayed in
commencing proceedings by complying with the request.
(3) The duty under this
section applies only until court proceedings are commenced in respect of the
claim but if the claimant fails without reasonable excuse to comply with this
section, court proceedings cannot be commenced in respect of the claim while
the failure continues.