New South Wales Consolidated Regulations

MOTOR ACCIDENT INJURIES REGULATION 2017 - REG 31

31 Costs where insurer does not accept assessed amount of damages

(1) This clause applies to a claim for damages if--

(a) an assessment of the amount of damages for liability under the claim is made under Division 7.6 of the Act, and

(b) the insurer does not admit liability under the claim within 21 days after the certificate of assessment is issued.

(2) Subject to any direction of a court as to costs, the insurer is liable to pay the costs of the claimant incurred in respect of the claim and the maximum costs set out in this Regulation do not apply in respect of those costs.

(3) This clause does not apply to costs incurred in the matter before the certificate of assessment is issued.

(4) 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 8.7 of the Act.