241WPI assessment—application and assessment

241 WPI assessment—application and assessment (1) The injured person may apply to the insurer for the motor accident claim for an assessment of the person’s WPI. (2) The insurer for the motor accident claim must, within the period stated in the MAI guidelines, give the injured person a written notice (an acknowledgment notice) acknowledging receipt of the (3) Division 2.6.2 (Quality of life benefits—application) and division 2.6.3 (Quality of life benefits—WPI assessment) apply to the application and assessment as if— (a) the application were a quality of life benefits application; and (b) a reference to the relevant insurer were a reference to the insurer for the motor accident claim; and (c) a reference in section 137 (1) (Quality of life benefits application) to an insurer accepting liability were a reference to receiving an acknowledgment notice; and (d) a reference in section 141 (1) (a) (ii) (A) (WPI assessment 4 years 6 months after motor accident) to income replacement benefits were a reference to payments for the loss of income under a workers compensation scheme. (4) However, the following provisions do not apply: (a) section 154 (2) (b) (WPI less than 5%—insurer may make offer); (b) section 155 (3) (b), (5) and (7) (WPI 5% to 9%—insurer must make offer); (c) section 156 (3) (b), (5) and (7) (WPI 10% or more—injured person not entitled to make motor accident claim); (d) section 157 (3) (b), (c), (5) and (6) (WPI 10% or more—injured person entitled to make motor accident claim);

WPI assessment—claimant receiving workers compensation Part 5.3 (e) section 161 (1) (c) (Final offer WPI less than 5%); (f) section 162 (1) (c), (d) (i), (2) and (4) (Final offer WPI 5% to 9%); (g) section 163 (2) (c), (d) (i), (3) and (5) (Final offer WPI 10% or more—injured person not entitled to make motor accident claim); (h) section 164 (2) (c), (d), (e) (i), (3) and (4) (Final offer WPI 10% or more—injured person entitled to make motor accident claim). Note An injured person to whom this part applies is not entitled to receive income replacement benefits, treatment and care benefits or quality of life benefits (see s 50). (5) If the injured person makes an application under subsection (1), a reference to income replacement benefits in section 209 (1) (a) (SOI assessment 4 years 6 months after motor accident) is taken to be a reference to payments for the loss of income under a workers compensation scheme.

Part 5.4 Damages for claims—exclusions and limitations Note 1 The Civil Law (Wrongs) Act 2002, part 7.1 (Damages for personal injuries—exclusions and limitations) also applies to motor accident claims. It includes, for example— • provisions excluding liability if conduct was an indictable offence; and • presumptions about contributory negligence if the injured person was intoxicated, relied on an intoxicated person or was not wearing a seatbelt; and • limitations on damages for loss of earnings. Note 2 A claimant who is a dependant, or personal representative, of a person who has died as a result of a motor accident injury may have a cause of action under the Civil Law (Wrongs) Act 2002.