Motor Accident Injuries Act 2019
150WPI assessment—both physical and psychological
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150 WPI assessment—both physical and psychological injuries (1) This section applies if an injured person sustains both a physical injury and a primary psychological injury resulting from a motor (2) The injured person may request separate WPI assessments of— (a) the physical injury; and (b) the primary psychological injury. (3) However, the injured person may request a WPI assessment of the primary psychological injury only if the person has received— (a) mental health treatment for the injury; and
(b) a notice, in writing, from a psychiatrist or clinical psychologist that the psychiatrist or clinical psychologist reasonably believes the person is likely to have a permanent psychological injury resulting from the motor accident. (4) To remove any doubt— (a) a WPI assessment of a physical injury may take into account a secondary psychological injury; but (b) a WPI assessment of a primary psychological injury must not take into account a secondary psychological injury. (5) The relevant insurer for the motor accident is only liable for the costs of 1 WPI assessment for each kind of injury. primary psychological injury— (a) means an injury that is— (i) a psychological or psychiatric disorder, including the physiological effect of a psychological or psychiatric disorder on the nervous system, that results directly from a (ii) diagnosed by a psychiatrist or clinical psychologist; but (b) does not include a psychological or psychiatric disorder that results from a physical injury resulting from a motor accident. Example—psychological injury resulting from a motor accident post-traumatic stress disorder as a result of witnessing the motor accident secondary psychological injury means an injury that is— (a) a psychological or psychiatric disorder that results from a physical injury resulting from a motor accident; and
(b) diagnosed by a psychiatrist or clinical psychologist. Example—psychological injury that results from physical injury depression and anxiety as a result of ongoing pain from the physical injury