PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 20
Respondent must attempt to resolve claim
PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 20
Respondent must attempt to resolve claim
20 Respondent must attempt to resolve claim
(1) Within the period prescribed under a regulation or, if no period is
prescribed, within 6 months after a respondent receives a complying part 1
notice of claim, the respondent must—
(a) take reasonable steps to inform
himself, herself or itself about the incident alleged to have given rise to
the personal injury to which the claim relates; and
(b) give the claimant
written notice stating—
(i) whether liability is admitted or denied; and
(ii) if contributory negligence is claimed, the degree of the contributory
negligence expressed as a percentage; and
(c) if the claimant made an offer
of settlement in part 2 of the notice of a claim, inform the claimant whether
the respondent accepts or rejects the offer, or if the claimant did not make
an offer of settlement in part 2 of the notice, invite the claimant to make a
written offer of settlement; and
(d) make a fair and reasonable estimate of
the damages to which the claimant would be entitled in a proceeding against
the respondent; and
(e) make a written offer, or counter offer, of settlement
to the claimant setting out in detail the basis on which the offer is made, or
settle the claim by accepting an offer made by the claimant.
(2) If part 1 of
a notice of a claim is not a complying part 1 notice of claim, a respondent is
taken to have been given a complying part 1 notice of claim when—
(a) the
respondent gives the claimant notice that the respondent waives compliance
with the requirement that has not been complied with or is satisfied the
claimant has taken reasonable action to remedy the noncompliance; or
(b) the
court makes a declaration that the claimant is taken to have remedied the
noncompliance, or authorises the claimant to proceed further with the claim
despite the noncompliance.
(3) An offer, or counter offer, of settlement must
be accompanied by a copy of medical reports, assessments of cognitive,
functional or vocational capacity and all other material, including documents
relevant to assessing economic loss, in the offerer’s possession that may
help the person to whom the offer is made make a proper assessment of the
offer.
(4) A respondent or claimant to whom a written offer, or counter
offer, of settlement is made must, unless a response to the offer is to be
made under subsection (1) (c) , respond in writing to the offer within the
period prescribed under a regulation or, if no period is prescribed, within 3
months after receiving it, indicating acceptance or rejection of the offer.
(5) An admission of liability by a respondent under this section—
(a) is not
binding on the respondent in relation to any other claim; and
(b) is not
binding on the respondent at all if it later appears the admission was induced
by fraud.