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MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 41
Insurer must attempt to resolve claim
41 Insurer must attempt to resolve claim
(1) Within 6 months after an insurer receives notice of a claim under this
division, the insurer must— (a) take reasonable steps to inform itself of
the circumstances of the motor vehicle accident out of which the claim arises;
and
(b) give the claimant written notice stating— (i) whether liability is
admitted or denied; and
(ii) if contributory negligence is claimed—the
degree of the contributory negligence expressed as a percentage; and
(iii) if
the claimant is not a participant in the injury insurance scheme but the
insurer considers the claimant may be an eligible person—that the claimant
may be an eligible person; and
(c) if the claimant made an offer of
settlement in the notice of claim, inform the claimant whether the insurer
accepts or rejects the offer or, if the claimant did not make an offer of
settlement in the notice, invite the claimant to make a written offer of
settlement.
(2) As soon as practicable after an insurer receives notice of a
claim under the division, the insurer must— (a) make a fair and reasonable
estimate of the damages to which the claimant would be entitled in an action
against the insurer; and
(b) make a written offer (or counter offer) of
settlement to the claimant setting out in detail the basis on which the offer
is made, or settle the claim by accepting an offer made by the claimant.
(3)
If a notice of claim is not given as required under this division, the insurer
is taken to receive the notice when— (a) the insurer gives the claimant
notice that the insurer waives compliance with the requirement that has not
been complied with or is satisfied the claimant has taken reasonable action to
remedy the noncompliance; or
(b) the court makes a declaration that the
claimant is taken to have remedied the noncompliance, or gives leave to bring
a proceeding based on the claim despite the noncompliance.
(4) An offer (or
counter offer) of settlement must be accompanied by a copy of medical reports,
assessments of cognitive, functional or vocational capacity, or other material
in the offerer’s possession that may help the person to whom the offer is
made make a proper assessment of the offer.
(5) An insurer or claimant to
whom a written offer (or counter offer) of settlement is made must (unless a
response to the offer is to be made under subsection (1) (c) ) respond in
writing to the offer, within 3 months after receiving it, indicating
acceptance or rejection of the offer.
(6) An admission of liability by an
insurer under this section— (a) is not binding on the insurer on another
claim arising out of the same motor vehicle accident; and
(b) is not binding
on the insurer at all if it later appears the admission was induced by fraud.
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