16Costs where insurer does not accept assessed amount of damages

16 Costs where insurer does not accept assessed amount of damages

16 Costs where insurer does not accept assessed amount of damages

(1) This clause applies if an assessment is made under Part 4.4 of the Act of the amount of damages for liability under a claim and the insurer does not accept that liability under the claim within 21 days after the certificate of assessment is issued.

(2) In that case, and subject to any direction of a court as to costs—

(a) the insurer is liable to pay all the costs of the claimant incurred in the matter after the certificate of assessment is issued, and

(b) the maximum costs set out in this Regulation do not apply in respect of those costs.

(3) In this clause—

costs of the claimant means the costs of the claimant payable on a party and party basis, including any court fees prescribed under section 154 of the Act.