New South Wales Consolidated Acts

MOTOR ACCIDENT INJURIES ACT 2017 - SECT 6.19

6.19 Acceptance of liability for claim for statutory benefits

(1) An insurer must, within 4 weeks after a claimant makes a claim for statutory benefits, give the claimant notice in accordance with the Motor Accident Guidelines stating whether or not the insurer accepts liability for the payment of statutory benefits during the first 52 weeks after the time of the motor accident concerned.

(2) An insurer must, within 9 months after a claimant makes a claim for statutory benefits, give the claimant notice in accordance with the Motor Accident Guidelines stating whether or not the insurer accepts liability for the payment of statutory benefits after the first 52 weeks after the time of the motor accident concerned.

(3) The regulations may amend this section to alter the period of 4 weeks specified in subsection (1) or the period of 9 months specified in subsection (2).

(4) If the insurer fails to notify the claimant in accordance with this section, the insurer is taken to have accepted liability for the statutory benefits concerned.

(5) An insurer is not prevented from accepting liability for statutory benefits after having denied that liability and the acceptance of liability does not prevent the subsequent denial of liability.

(6) An insurer who has accepted (or is deemed to have accepted) liability for statutory benefits must commence payment of statutory benefits without delay. An insurer cannot recover statutory benefits paid on the basis of the acceptance of liability for statutory benefits if the insurer subsequently denies liability.

(7) An insurer may commence payment of statutory benefits before determining whether the insurer accepts liability for those statutory benefits.

(8) It is a condition of an insurer's licence under this Act that the insurer must comply with this section.