96Special assessments of certain disputes in connection with claims

#### 96 Special assessments of certain disputes in connection with claims 96 Special assessments of certain disputes in connection with claims > > (1) This section applies to a dispute between a claimant and an insurer as to— > > > > > (a1) whether for the purposes of section 34 (Claim against Nominal Defendant where vehicle not identified) there has been due inquiry and search to establish the identity of a motor vehicle, or > > > > > (a) whether a late claim may be made in accordance with section 73, or > > > > > (b) whether the claimant has a full and satisfactory explanation for non-compliance with the police accident report requirement under section 70, or > > > > > (c) whether a claim may be rejected for non-compliance with section 74, or > > > > > (d) whether the insurer is entitled to delay the making of an offer of settlement under section 82, or > > > > > (e) whether a payment is required to be made under section 83 (not being a medical dispute that may be referred to a medical assessor under Part 3.4), or > > > > > (f) whether a payment is required to be made under section 84A (Duty of insurer to make interim payments in case of financial hardship), or > > > > > (g) whether a request made of a claimant under section 85 (Duty of claimant to co-operate with other party) is reasonable or whether a claimant has a reasonable excuse for failing to comply with that section, or > > > > > (h) whether the insurer is entitled to give a direction to the claimant under section 85B (Consequences of failure to provide relevant particulars of claim), or > > > > > (i) whether a claim that is taken to have been withdrawn under section 85B should be reinstated. > > > (2) Any such dispute may be referred at any time to the Commission by the claimant or the insurer, or both, for assessment under this Part. > > > (3) Any such dispute is to be referred to the Commission, the dispute is to be assessed and a certificate is to be issued by the Commission in accordance with the relevant provisions of this Division relating to the assessment of claims. Division 3 applies to the assessment of the dispute in the same way as it applies to the assessment of a claim. > > > (4) An assessment of a dispute under this section is binding on the parties to the dispute to the extent that it relates to the duties of the parties with respect to the claim under Part 4.3. > > > (5) An assessment of a dispute under this section may include an assessment of the claimant’s costs (including costs for legal services and fees for medico-legal services) in the assessment. Section 94A extends to an assessment of those costs. > > > (6) An assessment of the claimant’s costs on a dispute is binding on the insurer and the insurer must pay to the claimant the amount of the assessed costs. > > **s 96:** Am 2007 No 95, Sch 1 \[62\]–\[66\]; 2020 No 18, Sch 6.7\[51\] \[52\].