Disputes are assigned to the most appropriate dispute resolution pathway.
The settlement approval will be considered and determined by a Member.
The settlement approval process may include undertaking the assessment on the papers or via teleconference, videoconference or face-to-face meeting, as appropriate. The member may determine the settlement approval procedure, is not bound by the rules of evidence, and may enquire into any matter relevant to the issues in dispute in such manner as they think fit.
The Member may not approve the settlement of the claim unless satisfied that it complies with any applicable requirements of the Motor Accidents Insurance Act 2017 (the Act).
In particular, the proposed settlement must also comply with the following requirements:
- timeliness – the Act specifies timeframes in which such a proposal may be made
- appropriateness – the proposed settlement should be just, fair and reasonable and must be within the range of likely potential damages assessments if the claim were to be assessed by a Member
- understanding – the claimant should understand the nature and effect of the proposed settlement and be willing to accept it.
The Member may decide to:
- reject the proposed settlement as submitted in the application, with or without recommendations to the parties about the further conduct of the claim
- approve the proposed settlement as submitted in the application
- approve an amended proposed settlement agreed by the parties during the course of the consideration of the proposed settlement approval.