Motor accidents disputes - 1999 scheme
Disputes are assigned to the most appropriate dispute resolution pathway.
Motor accidents - On or before 30 November 2017
Disputes are assigned to the most appropriate dispute resolution pathway.
Before lodging a dispute in the Motor Accidents Division of the Personal Injury Commission, you must know whether the accident for which you are claiming compensation happened on or after 1 December 2017 or before 1 December 2017.
The following pathways are applicable to claims in relation to accidents that happened on or before 30 November 2017.
Claims disputes pathways
Claims disputes in relation to the Motor Accidents Compensation Act 1999 are determined by a member of the Motor Accidents Division of the Commission.
Either the claimant or the insurer may lodge an application for damages to be assessed by the Commission. Claims disputes involve issues such as liability, the amount of damages payable for pain and suffering, loss of amenities and expectation of life, and disfigurement experienced by the claimant as a result of the injuries sustained in the accident.
The person lodging the application is called the applicant. The person or party responding to the dispute resolution application is called the respondent.
The following matters may be referred to the Commission for a claims assessment:
Special assessment of procedural claims disputes
Either party may refer a dispute to the Commission for a special assessment of a procedural claims dispute. The types of disputes that may be referred for special assessment are set out in section 96(2) of the Motor Accidents Compensation Act 1999.
Damages claims assessment
A claimant or insurer may refer a claim for damages to the Commission for a claims assessment. This includes referring a claim for a certificate of exemption from damages claims assessment.
Further damages claims assessment
A party may refer a claim for damages to the Dispute Resolution Service claims assessor has previously assessed a claim.