New South Wales Consolidated Acts

MOTOR ACCIDENTS COMPENSATION ACT 1999 - SECT 85B

85B Consequences of failure to provide relevant particulars of claim

(1) If after a period of 2 years and 6 months since the motor accident concerned a claimant has failed without reasonable excuse to provide the insurer with all relevant particulars about the claim (as required by section 85A), the insurer may by a written direction given to the claimant within 2 months after the end of that period require the claimant to provide those particulars.

(2) The insurer’s direction must be given in the form approved by the Authority.

(3) If the claimant does not comply with the direction within 3 months after it is given, the claimant is taken to have withdrawn the claim.

(4) The claimant may make an application for reinstatement of the claim:

(a) to the Authority for a claim that is not exempt from assessment under Part 4.4, or

(b) to a court of competent jurisdiction for a claim that is exempt from assessment under Part 4.4.

(5) An application for reinstatement made to the Authority is to be referred for assessment as a dispute under section 96:

(a) by a claims assessor if made less than 3 years after the date of the motor accident, or

(b) by the Principal Claims Assessor if made 3 years or more after the date of the motor accident.

(6) If the application for reinstatement is made less than 3 years after the date of the motor accident, the claim is to be reinstated if the court or claims assessor is satisfied that the claimant has a full and satisfactory explanation for the failure to provide the required particulars.

(7) If the application for reinstatement is made 3 years or more after the date of the motor accident, the claim is to be reinstated if the court or the Principal Claims Assessor is satisfied that:

(a) the claimant has a full and satisfactory explanation for the failure to provide the required particulars, and

(b) the total damages of all kinds likely to be awarded to the claimant if the claim succeeds are not less than 25% of the maximum amount that may be awarded for non-economic loss under section 134 as at the date of the motor accident.

(8) This section does not apply to a claim that, as at 2 years and 6 months since the motor accident concerned, is the subject of a determination by a medical assessor declining to make an assessment under Part 3.4 of the degree of permanent impairment of the injured person because the impairment caused by the injury has not become permanent.