Queensland Consolidated Acts

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Duty of claimant to cooperate with insurer

45 Duty of claimant to cooperate with insurer

(1) A claimant must cooperate with the insurer and, in particular—
(a) must provide the insurer with copies of reports and other documentary material (including written statements made by the claimant or by witnesses) in the claimant’s possession about the circumstances of the accident or the claimant’s medical condition or prospects of rehabilitation; and
(b) must give information reasonably requested by the insurer about—
(i) the circumstances of the accident out of which the claim arose; and
(ii) the nature of the injuries resulting from the accident and of any consequent disabilities and financial loss; and
(iii) if applicable—the medical treatment and rehabilitation services the claimant has sought or obtained; and
(iv) the claimant’s medical history (as far as it is relevant to the claim), and any other claims for compensation for personal injury made by the claimant.
(2) The claimant must—
(a) provide the copies of reports and other documentary materials within 1 month after giving notice of the claim or, if the reports or material come into the claimant’s possession later, within 1 month after they come into the claimant’s possession; and
(b) respond to a request under subsection (1) (b) within 1 month after receiving it.
(3) If, after notice of a claim is given to the insurer but before the claim is resolved, the claimant becomes aware of a significant change in the claimant’s medical condition, or in other circumstances, relevant to the extent of the claimant’s disabilities or financial loss, the claimant must, within 1 month after becoming aware of the change, inform the insurer of the change.
(7) Any information provided by a claimant under this section must be verified by statutory declaration if the insurer requires it to be verified by statutory declaration.

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