QLDIn ForceAct
Motor Accident Insurance Act 1994
sec.45Duty of claimant to cooperate with insurer
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### sec.45 Duty of claimant to cooperate with insurer
A claimant must cooperate with the insurer and, in particular—
must provide the insurer with copies of reports and other documentary material (including written statements made by the claimant or by witnesses) in the claimant’s possession about the circumstances of the accident or the claimant’s medical condition or prospects of rehabilitation; and
must give information reasonably requested by the insurer about—
the circumstances of the accident out of which the claim arose; and
the nature of the injuries resulting from the accident and of any consequent disabilities and financial loss; and
if applicable—the medical treatment and rehabilitation services the claimant has sought or obtained; and
the claimant’s medical history (as far as it is relevant to the claim), and any other claims for compensation for personal injury made by the claimant.
The claimant must—
provide the copies of reports and other documentary materials within 1 month after giving notice of the claim or, if the reports or material come into the claimant’s possession later, within 1 month after they come into the claimant’s possession; and
respond to a request under subsection (1) (b) within 1 month after receiving it.
If, after notice of a claim is given to the insurer but before the claim is resolved, the claimant becomes aware of a significant change in the claimant’s medical condition, or in other circumstances, relevant to the extent of the claimant’s disabilities or financial loss, the claimant must, within 1 month after becoming aware of the change, inform the insurer of the change.
Any information provided by a claimant under this section must be verified by statutory declaration if the insurer requires it to be verified by statutory declaration.
s 45 amd 2000 No. 17 s 23 ; 2019 No. 36 s 32 sch 1
(sec.45-ssec.1) A claimant must cooperate with the insurer and, in particular— must provide the insurer with copies of reports and other documentary material (including written statements made by the claimant or by witnesses) in the claimant’s possession about the circumstances of the accident or the claimant’s medical condition or prospects of rehabilitation; and must give information reasonably requested by the insurer about— the circumstances of the accident out of which the claim arose; and the nature of the injuries resulting from the accident and of any consequent disabilities and financial loss; and if applicable—the medical treatment and rehabilitation services the claimant has sought or obtained; and the claimant’s medical history (as far as it is relevant to the claim), and any other claims for compensation for personal injury made by the claimant.
(sec.45-ssec.2) The claimant must— provide the copies of reports and other documentary materials within 1 month after giving notice of the claim or, if the reports or material come into the claimant’s possession later, within 1 month after they come into the claimant’s possession; and respond to a request under subsection (1) (b) within 1 month after receiving it.
(sec.45-ssec.3) If, after notice of a claim is given to the insurer but before the claim is resolved, the claimant becomes aware of a significant change in the claimant’s medical condition, or in other circumstances, relevant to the extent of the claimant’s disabilities or financial loss, the claimant must, within 1 month after becoming aware of the change, inform the insurer of the change.
(sec.45-ssec.7) Any information provided by a claimant under this section must be verified by statutory declaration if the insurer requires it to be verified by statutory declaration.
- (a) must provide the insurer with copies of reports and other documentary material (including written statements made by the claimant or by witnesses) in the claimant’s possession about the circumstances of the accident or the claimant’s medical condition or prospects of rehabilitation; and
- (b) must give information reasonably requested by the insurer about— (i) the circumstances of the accident out of which the claim arose; and (ii) the nature of the injuries resulting from the accident and of any consequent disabilities and financial loss; and (iii) if applicable—the medical treatment and rehabilitation services the claimant has sought or obtained; and (iv) the claimant’s medical history (as far as it is relevant to the claim), and any other claims for compensation for personal injury made by the claimant.
- (i) the circumstances of the accident out of which the claim arose; and
- (ii) the nature of the injuries resulting from the accident and of any consequent disabilities and financial loss; and
- (iii) if applicable—the medical treatment and rehabilitation services the claimant has sought or obtained; and
- (iv) the claimant’s medical history (as far as it is relevant to the claim), and any other claims for compensation for personal injury made by the claimant.
- (i) the circumstances of the accident out of which the claim arose; and
- (ii) the nature of the injuries resulting from the accident and of any consequent disabilities and financial loss; and
- (iii) if applicable—the medical treatment and rehabilitation services the claimant has sought or obtained; and
- (iv) the claimant’s medical history (as far as it is relevant to the claim), and any other claims for compensation for personal injury made by the claimant.
- (a) provide the copies of reports and other documentary materials within 1 month after giving notice of the claim or, if the reports or material come into the claimant’s possession later, within 1 month after they come into the claimant’s possession; and
- (b) respond to a request under subsection (1) (b) within 1 month after receiving it.