New South Wales Consolidated Acts

MOTOR ACCIDENT INJURIES ACT 2017 - SECT 3.43

3.43 Recovery of overpayments of statutory benefits

(1) If an insurer pays to a person an amount of statutory benefits that exceeds the amount due to the person or that is an amount the insurer is not liable to pay, the person is liable to refund that amount to the insurer.

(2) This section extends to a payment made to a person who is a service provider in connection with expenses for which statutory benefits are payable.

(3) An insurer may recover any amount that a person is liable to refund to the insurer under this section as a debt due to the insurer.

(4) The Authority may act for and on behalf of an insurer for the purposes of proceedings to recover any such amount due to the insurer.