123Treatment and care benefits—recovery plan

123 Treatment and care benefits—recovery plan (a) the relevant insurer for a motor accident is satisfied a person injured in the motor accident is entitled to treatment and care (b) because of a personal injury the injured person sustained as a result of the motor accident, the injured person is unable to undertake the duties and activities the injured person participated in before the motor accident. (2) However, this section does not apply if the injured person is able to resume the duties and activities the injured person participated in before the motor accident within 28 days after receiving a receipt notice or a late receipt notice. (3) The relevant insurer must— (a) give the injured person and the injured person’s doctor a draft of a recovery plan proposed for the injured person; and (b) allow the injured person and the injured person’s doctor a reasonable opportunity to consider the draft.

(4) The relevant insurer may include in the recovery plan any recommendations by the injured person’s doctor for treatment and care that is reasonable and necessary. (5) The relevant insurer must give the injured person and the injured person’s doctor a final version of the recovery plan within 28 days (or any longer time stated in the MAI guidelines) after the day— (a) the relevant insurer gives the injured person a receipt notice or late receipt notice for the person’s application for defined benefits; or (b) if the injured person is admitted to hospital within 2 days after the motor accident happened and remains in hospital for a continuous period of at least 3 weeks—the person is discharged from hospital.