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IMPORTANT TIME LIMITS UNDER THE NEW MOTOR ACCIDENTS LEGISLATION

Monday, February 26, 2018

The new Motor Accident Legislation for injuries received on or after 1 December 2017 now provides very strict time limits in which to make a claim.

These include the following: -

  1. The motor vehicle accident must be reported to the police within 28 days of the accident.
  2. An Application for Personal Injury Benefits should be completed within 28 days of the accident but can be completed up to three months after the accident.
  3. If the insurer makes a decision which affects your ongoing entitlements to statutory benefits this decision must be internally reviewed within 28 days.
  4. If you disagree with the insurers internal review you can apply for a Merit Review to SIRA which must be done within 28 days of receiving the internal review.
  5. A claim to determine the level of whole person impairment (WPI) should be made within two years from the date of the motor vehicle accident. If your WPI has not been assessed or is less than 10%, then weekly benefits cease two years after the motor vehicle accident.
  6. A claim for common law damages should be made within two years from the date of the motor vehicle accident. This will allow you to continue to receive weekly payments for up to three years (if your whole person impairment is 10% or less) or for up to a maximum of 5 years (if your whole person impairment is 11% or more).
  7. A claim to determine your common law damages must be made in DRS within three years from the date of the motor vehicle accident.

These time limits are very strict with limited right of Appeal. It is important that the time limits are strictly complied with otherwise there may be difficulty making claim at a later time.

 

Matthew Garling

 GARLING & CO LAWYERS

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