96Application for miscellaneous claims assessment

96 Application for miscellaneous claims assessment

96 Application for miscellaneous claims assessment

(1) A claimant or insurer may lodge an application to refer a dispute about a miscellaneous claims assessment matter under Part 7 of the MAI Act at any time.

(2) An application may be lodged only if—

(a) the insurer is not required to conduct an internal review of the decision as it relates to a dispute about which insurer is the insurer of the at-fault motor vehicle for the purposes of section 3.3 of the MAI Act, or

(b) the insurer has failed to complete an internal review or notify the claimant of the decision on review within the required period, or

(c) the insurer has declined to conduct an internal review.

(3) The applicant must, within 7 days of registration of the application, serve a sealed copy of the application on the other parties.

(4) The respondent may lodge a reply to the application and serve a sealed copy of the reply on the other parties—

(a) for an application to refer a dispute about payment of statutory benefits that is a miscellaneous claims assessment matter specified in clause 3(b), (f) or (k) of Schedule 2 to the MAI Act—within 14 days of registration of the application, or

(b) for an application to refer a dispute about another miscellaneous claims assessment matter under clause 3 of Schedule 2 to the MAI Act—within 21 days of registration of the application.