MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 47 Duty of insurer to cooperate with claimant

MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 47

47 Duty of insurer to cooperate with claimant

(1) The insurer must cooperate with a claimant and, in particular—

(a) must provide the claimant with copies of reports and other documentary material in the insurer’s possession about the circumstances of the accident or the claimant’s medical condition or prospects of rehabilitation; and

(b) must, at the claimant’s request, give the claimant information that is in the insurer’s possession, or can be found out from the insured person, about the circumstances of, or the reasons for, the accident.

(2) The insurer must—

(a) provide the claimant with copies of reports and other documentary materials within 1 month after receiving the notice of claim under division 3 or, if the reports or materials come into the insurer’s possession later, within 1 month after they come into the insurer’s possession; and

(b) respond to a request under subsection (1) (b) within 1 month after receiving it.

(3) If the claimant requires information provided by an insurer under this section to be verified by statutory declaration, the information must be verified by statutory declaration.

(4) If an insurer fails, without proper reason, to comply fully with a request under this section, the insurer is liable for costs to the claimant resulting from the failure.