Queensland Consolidated Acts

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MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 61A

Claim process if insurance agency liable to contribute

61A Claim process if insurance agency liable to contribute

(1) This section applies in relation to a claim if the insurance agency is liable, under the National Injury Act , section 42 , to contribute to the insurer’s liability on the claim for treatment, care and support damages.
(2) The insurer and the insurance agency must, in dealing with the claim—
(a) cooperate with each other; and
(b) provide each other with information in their possession relevant to the claim, including any documents given to the claimant.
(3) To the extent any of the following documents relate to, or potentially affect, liability for treatment, care and support damages, the insurer and the insurance agency must agree about the content of the document before the document is given by the insurer to the claimant—
(a) a notice given by the insurer under section 41 (1) (b) ;
(b) an offer made by the insurer;
(c) a notice given by the insurer accepting or rejecting an offer made by the claimant.
(4) Subsection (5) applies if a document stated in subsection (3) is given by the insurer before the insurance agency becomes liable, under the National Injury Act , section 42 , to contribute towards the insurer’s liability.
(5) The insurance agency is not bound by the document.
(6) For division 5A , other than section 51C
(a) a reference in the division to—
(i) the parties includes a reference to the insurance agency; and
(ii) either party is a reference to any of the parties; and
(iii) both parties or each party is a reference to all of the parties; and
(b) a person authorised by the insurance agency to settle the claim on the agency’s behalf is a conference participant.
(7) If the claimant brings an action in the court for damages for personal injury, the insurance agency is a defendant to the action.
(8) In this section—

"offer" includes a counter offer or mandatory final offer.

"treatment, care and support damages" see the National Injury Act , schedule 1 .



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