Queensland Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 39
Response to the notice of claim
39 Response to the notice of claim
(1) If notice of a claim is given to an insurer under this division or
purportedly under this division— (a) the insurer must, within 14 days after
receiving the notice give the claimant written notice— (i) stating whether
the insurer is satisfied that the notice has been given as required under this
division; and
(ii) if the insurer is not satisfied—identifying the
noncompliance and stating whether the insurer waives compliance with the
requirements; and
(iii) if the insurer does not waive compliance with the
requirements—allowing the claimant a reasonable period (at least 1 month)
specified in the notice either to satisfy the insurer that the claimant has in
fact complied with the requirements or to take reasonable action specified in
the notice to remedy the noncompliance; and
(iv) if the claimant is not a
participant in the injury insurance scheme in relation to a serious personal
injury resulting from the motor vehicle accident the subject of the
claim—stating whether the insurer is prepared (without admitting liability)
to meet the reasonable and appropriate cost of the claimant’s
rehabilitation; and
(v) if the claimant is a participant in the injury
insurance scheme in relation to a serious personal injury resulting from the
motor vehicle accident the subject of the claim—stating whether the insurer
is prepared (without admitting liability) to meet the reasonable and
appropriate cost of the claimant’s rehabilitation for any period that the
claimant is not a participant in the scheme; and
(b) if the insurer is not
prepared to waive compliance with the requirements in the first instance—the
insurer must, within 14 days after the end of the period specified under
paragraph (a) (iii) , give the claimant a written notice— (i) stating that
the insurer is satisfied the claimant has complied with the relevant
requirements, is satisfied with the action taken by the claimant to remedy the
noncompliance or waives the noncompliance in any event; or
(ii) stating that
the insurer is not satisfied that the claimant has taken reasonable action to
remedy the noncompliance, giving full particulars of the noncompliance and the
claimant’s failure to remedy it.
(2) If an insurer to which notice of a
claim is given under this division or purportedly under this division is not,
for the purposes of the claim the insurer of the motor vehicle to which the
claim relates under the statutory insurance scheme, the insurer must, instead
of responding to the notice under subsection (1) , give the claimant written
notice denying that the insurer is the insurer under the statutory insurance
scheme.
(3) If notice of a claim is given to an insurer under this division
or purportedly under this division, and the insurer does not respond to the
notice within 14 days after receiving it, the insurer is conclusively presumed
to be satisfied the notice was given as required under this division.
(4)
However, the insurer’s failure to respond to the notice does not prevent the
insurer from later denying that the insurer is the insurer of the motor
vehicle to which the claim relates under the statutory insurance scheme, but
the insurer is liable to compensate the claimant and the insurer against which
the claim properly lies for prejudice resulting from the insurer’s failure
to respond to the notice under subsection (2) .
(5) A claimant’s failure to
give notice of a claim as required under this division prevents the claimant
from proceeding further with the claim unless— (a) the insurer— (i) has
stated that the insurer is satisfied notice has been given as required under
this division or the claimant has taken reasonable action to remedy the
noncompliance; or
(ii) is presumed to be satisfied notice has been given as
required under this division; or
(b) the insurer has waived compliance with
the requirement; or
(c) the court, on application by the claimant— (i)
declares that the claimant has remedied the noncompliance; or
(ii) authorises
further proceedings based on the claim despite the noncompliance.
(6) An
order of the court under subsection (5) (c) may be made on conditions the
court considers necessary or appropriate to minimise prejudice to an insurer
from the claimant’s failure to comply with requirements of this division.
(7) If a claimant does not comply with the requirements of this division, a
court before which the claimant brings an action for damages on the claim—
(a) may, on the insurer’s application, award in the insurer’s favour costs
(including legal and investigation costs) reasonably incurred by the insurer
because of the claimant’s default; and
(b) may only award interest in the
claimant’s favour for a period for which the claimant was in default if the
court is satisfied there is a reasonable excuse for the default.
(8) If a
claim against the Nominal Defendant is barred because the claim relates to
personal injury caused by, through or in connection with a motor vehicle that
can not be identified and the claimant failed to give notice of claim under
this division within 9 months after the motor vehicle accident, the Nominal
Defendant can not waive compliance with the requirement to give notice within
the time allowed by this division, nor can the court give leave to bring a
proceeding in a court despite the noncompliance.
(9) This section is subject
to section 39A .
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback