Motor Accident Injuries Act 2019
139Insurer believes injuries stable but no permanent
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139 Insurer believes injuries stable but no permanent impairment (b) reasonably believes that— (i) the person’s injuries have stabilised; but (ii) the person is not likely to have a permanent impairment as a result of the injuries. (2) The relevant insurer must give the injured person a written notice telling the person— (a) that the insurer believes— (i) the person’s injuries have stabilised; but (ii) the person is not likely to have a permanent impairment as a result of the injuries; and (b) the reasons for the belief; and (c) that the insurer will not refer the person for a WPI assessment unless the person— (i) confirms the request for the assessment; and (ii) pays an excess payment to the insurer for the assessment. (3) If the injured person confirms the request for a WPI assessment, in writing, and pays the excess payment, the relevant insurer must refer the person to an authorised IME provider for a WPI assessment. (4) If the injured person’s WPI is greater than 0%, the relevant insurer must reimburse the person for the amount of the excess payment. (5) The excess payment is the higher of— (a) $500 AWE indexed; and
(b) 25% of the fee payable for the WPI assessment.