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MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 45
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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