sec.17Statement of information for notice of claim— Act , s 37 (1) (a)

sec.17 Statement of information for notice of claim— Act , s 37 (1) (a)

A notice of claim must include information about each of the following, to the extent the claimant knows or can reasonably find out the information— the following information about the claimant— full name and address; date of birth; gender; occupation and, if the claimant is employed, the name and address of the employer; email address; medicare number; whether the claimant requires an interpreter and, if so, the language of the interpreter; the following information about the accident— the date, time and place of the accident; whether the claimant, or for a derivative claim, the injured person, was involved in the accident as a driver or a passenger, or in another stated capacity; whether the claimant, or for a derivative claim, the injured person, was using a protective device at the time of the accident and, if so, the nature of the protective device; a seatbelt or safety helmet details of the claimant’s consumption of alcohol or drugs, or for a derivative claim, the injured person’s consumption of alcohol or drugs, within 12 hours immediately before the accident and, if the claimant or injured person was an occupant, but not the driver, of a motor vehicle involved in the accident, details of the driver’s consumption of alcohol or drugs within 12 hours immediately before the accident; details of how the accident happened; a diagram showing, to the best of the claimant’s knowledge, the scene of the accident; a diagram showing, to the best of the claimant’s knowledge, where the driver and each occupant of the vehicle was sitting in the vehicle at the time of the accident; the following information about the cause of the accident— who, in the claimant’s opinion, was responsible for causing the accident; why the claimant attributes responsibility to that person; the make, model, type, colour, year of manufacture, and registration number of each vehicle involved in the accident; the names, addresses, telephone numbers and email addresses of the owner and driver of each vehicle involved in the accident; whether, in relation to the vehicle the claimant or, for a derivative claim, the injured person was travelling in at the time of the accident, a property damage claim has been made under a comprehensive insurance policy or a third party property damage policy; if a claim has been made under a policy mentioned in paragraph (f) —the insurer for the policy, the policy number and the number of any property damage claim made under the policy; the names, addresses, telephone numbers and email addresses of the witnesses to the accident; the name of the police officer who attended the scene of the accident, or to whom the accident was reported, and the police station where the police officer was stationed and the police accident report reference number for the accident; the claimant’s occupation and income at the time of the accident; all significant disabilities suffered by the claimant; whether the claimant is a participant in the injury insurance scheme in relation to an injury resulting from the motor vehicle accident the subject of the claim; whether an application has been made under the National Injury Act for approval for the claimant to participate in the injury insurance scheme in relation to an injury resulting from the motor vehicle accident the subject of the claim; all claims made by the claimant for damages, compensation or social security benefits for a significant disability; all amounts received by the claimant by way of damages, compensation or social security benefits for a significant disability; for a claim other than a derivative claim— the date the claimant was first physically examined by a doctor in relation to personal injury resulting from the accident; and the date the claimant was first physically examined by the certifying doctor in relation to personal injury resulting from the accident; and the unique identifier given to the certifying doctor under the Health Practitioner Regulation National Law , section 233 ; if the claimant consulted a lawyer about the possibility of making a claim—the date the claimant first consulted the lawyer; if the claimant has retained a law practice to act for the claimant in relation to the claim— the name of the law practice; and the date the claimant retained the law practice. Also, a notice of claim must include— a statement of the nature and extent of the claimant’s loss, to the extent it can be assessed at the date of the notice; and a statement of an amount the claimant would be willing to accept in full satisfaction of the claim (an offer of settlement ) or a statement of why the claimant is not yet in a position to make an offer of settlement. For a notice of claim, a disability is significant if— the disability may be relevant to the assessment of the extent of the injury suffered by the claimant in the accident; or the disability or its symptoms lasted for 4 weeks or more. In this section— certifying doctor means the doctor who signed the certificate mentioned in section 18 (1) (a) . injured person includes a person who dies as a result of injury received in a motor vehicle accident. s 17 amd 2019 No. 36 s 28 ; 2020 SL No. 38 s 5 (sec.17-ssec.1) A notice of claim must include information about each of the following, to the extent the claimant knows or can reasonably find out the information— the following information about the claimant— full name and address; date of birth; gender; occupation and, if the claimant is employed, the name and address of the employer; email address; medicare number; whether the claimant requires an interpreter and, if so, the language of the interpreter; the following information about the accident— the date, time and place of the accident; whether the claimant, or for a derivative claim, the injured person, was involved in the accident as a driver or a passenger, or in another stated capacity; whether the claimant, or for a derivative claim, the injured person, was using a protective device at the time of the accident and, if so, the nature of the protective device; a seatbelt or safety helmet details of the claimant’s consumption of alcohol or drugs, or for a derivative claim, the injured person’s consumption of alcohol or drugs, within 12 hours immediately before the accident and, if the claimant or injured person was an occupant, but not the driver, of a motor vehicle involved in the accident, details of the driver’s consumption of alcohol or drugs within 12 hours immediately before the accident; details of how the accident happened; a diagram showing, to the best of the claimant’s knowledge, the scene of the accident; a diagram showing, to the best of the claimant’s knowledge, where the driver and each occupant of the vehicle was sitting in the vehicle at the time of the accident; the following information about the cause of the accident— who, in the claimant’s opinion, was responsible for causing the accident; why the claimant attributes responsibility to that person; the make, model, type, colour, year of manufacture, and registration number of each vehicle involved in the accident; the names, addresses, telephone numbers and email addresses of the owner and driver of each vehicle involved in the accident; whether, in relation to the vehicle the claimant or, for a derivative claim, the injured person was travelling in at the time of the accident, a property damage claim has been made under a comprehensive insurance policy or a third party property damage policy; if a claim has been made under a policy mentioned in paragraph (f) —the insurer for the policy, the policy number and the number of any property damage claim made under the policy; the names, addresses, telephone numbers and email addresses of the witnesses to the accident; the name of the police officer who attended the scene of the accident, or to whom the accident was reported, and the police station where the police officer was stationed and the police accident report reference number for the accident; the claimant’s occupation and income at the time of the accident; all significant disabilities suffered by the claimant; whether the claimant is a participant in the injury insurance scheme in relation to an injury resulting from the motor vehicle accident the subject of the claim; whether an application has been made under the National Injury Act for approval for the claimant to participate in the injury insurance scheme in relation to an injury resulting from the motor vehicle accident the subject of the claim; all claims made by the claimant for damages, compensation or social security benefits for a significant disability; all amounts received by the claimant by way of damages, compensation or social security benefits for a significant disability; for a claim other than a derivative claim— the date the claimant was first physically examined by a doctor in relation to personal injury resulting from the accident; and the date the claimant was first physically examined by the certifying doctor in relation to personal injury resulting from the accident; and the unique identifier given to the certifying doctor under the Health Practitioner Regulation National Law , section 233 ; if the claimant consulted a lawyer about the possibility of making a claim—the date the claimant first consulted the lawyer; if the claimant has retained a law practice to act for the claimant in relation to the claim— the name of the law practice; and the date the claimant retained the law practice. (sec.17-ssec.2) Also, a notice of claim must include— a statement of the nature and extent of the claimant’s loss, to the extent it can be assessed at the date of the notice; and a statement of an amount the claimant would be willing to accept in full satisfaction of the claim (an offer of settlement ) or a statement of why the claimant is not yet in a position to make an offer of settlement. (sec.17-ssec.3) For a notice of claim, a disability is significant if— the disability may be relevant to the assessment of the extent of the injury suffered by the claimant in the accident; or the disability or its symptoms lasted for 4 weeks or more. (sec.17-ssec.4) In this section— certifying doctor means the doctor who signed the certificate mentioned in section 18 (1) (a) . injured person includes a person who dies as a result of injury received in a motor vehicle accident.