85Duty of claimant to co-operate with other party

#### 85 Duty of claimant to co-operate with other party 85 Duty of claimant to co-operate with other party (cf s 48 MAA) > > (1) A claimant must co-operate fully in respect of the claim with the person against whom the claim is made and the person’s insurer for the purpose of giving the person and the insurer sufficient information— > > > > > (a) to be satisfied as to the validity of the claim and, in particular, to assess whether the claim or any part of the claim may be fraudulent, and > > > > > (b) to be able to make an early assessment of liability, and > > > > > (c) to be able to make an informed offer of settlement. > > > (2) In particular, the claimant must comply with any reasonable request by the other party or the other party’s insurer— > > > > > (a) to furnish specified information (in addition to the information furnished in the claim form) or to produce specified documents or records, or > > > > > (b) to provide a photograph of and evidence as to the identity of the claimant. > > > (3) The reasonableness of a request may be assessed having regard to criteria including the following— > > > > > (a) the amount of time the claimant needs to comply with the request, > > > > > (b) whether the information sought is cogent and relevant to a determination of liability or quantum of loss, having regard to the nature of the claim, > > > > > (c) the amount of information which has already been supplied to or is available to an insurer to enable liability and quantum of loss to be assessed and an offer of settlement made, > > > > > (d) how onerous it will be for the claimant to comply with the request, > > > > > (e) whether the information is privileged, > > > > > (f) whether the information sought is sufficiently specified, > > > > > (g) the time of the request and whether the claimant will be delayed in commencing proceedings by complying with the request. > > > (4) The duty under this section applies only until court proceedings are commenced in respect of the claim but if the claimant fails without reasonable excuse to comply with this section, court proceedings cannot be commenced in respect of the claim while the failure continues.