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MOTOR ACCIDENTS COMPENSATION ACT 1999 - SECT 85B
Consequences of failure to provide relevant particulars of claim
85B Consequences of failure to provide relevant particulars of claim
(1) If after a period of 2 years and 6 months since the motor accident
concerned a claimant has failed without reasonable excuse to provide the
insurer with all relevant particulars about the claim (as required by
section 85A), the insurer may by a written direction given to the claimant
within 2 months after the end of that period require the claimant to provide
those particulars.
(2) The insurer's direction must be given in the form
approved by the Authority.
(3) If the claimant does not comply with the
direction within 3 months after it is given, the claimant is taken to have
withdrawn the claim.
(4) The claimant may make an application for
reinstatement of the claim-- (a) to the Commission for a claim that is not
exempt from assessment under Part 4.4, or
(b) to a court of competent
jurisdiction for a claim that is exempt from assessment under Part 4.4.
(6)
If the application for reinstatement is made less than 3 years after the date
of the motor accident, the claim is to be reinstated if the court or
Commission is satisfied that the claimant has a full and satisfactory
explanation for the failure to provide the required particulars.
(7) If the
application for reinstatement is made 3 years or more after the date of the
motor accident, the claim is to be reinstated if the court or the Commission
is satisfied that-- (a) the claimant has a full and satisfactory explanation
for the failure to provide the required particulars, and
(b) the total
damages of all kinds likely to be awarded to the claimant if the claim
succeeds are not less than 25% of the maximum amount that may be awarded for
non-economic loss under section 134 as at the date of the motor accident.
(8)
This section does not apply to a claim that, as at 2 years and 6 months since
the motor accident concerned, is the subject of a determination by a
medical assessor declining to make an assessment under Part 3.4 of the degree
of permanent impairment of the injured person because the impairment caused by
the injury has not become permanent.
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