Page 113 - Week 01 - Tuesday, 12 February 2008
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(i) a motor accident notification form for the accident that includes a declaration by or for the person that the motor accident was not caused wholly or mainly by the fault of the person;
(ii) a motor accident medical report for the accident.
(2) However, an injured person is entitled to payment for medical expenses under this chapter in relation to a motor accident only if—
(a) a police officer attended the motor accident; or
(b) the motor accident was reported to a police officer by or for the injured person.
67F What kinds of expenses must be paid by insurer?
(1) If a person is entitled to payment for medical expenses under this chapter in relation to a motor accident, the person’s insurer is required to pay only for medical expenses that are—
(a) incurred within 6 months after the day the motor accident happened; and
(b) reasonably incurred because of the personal injury caused by the motor accident.
(2) The insurer must make a payment for expenses under this section on presentation of an account, or receipt, for the expenses made up, and verified, as prescribed by regulation.
Note 1 Payments under this section may be recoverable under pt 3.11.
Note 2 It is a condition of a CTP insurer licence that the licensed insurer must comply with this section (see s 178).
67G Maximum amount insurer is required to pay
(1) If a person is entitled to payment for medical expenses under this chapter in relation to a motor accident, the person’s insurer must make payments for the person’s medical expenses under section 67F up to—
(a) $5 000; or
(b) if a higher amount is determined by the CTP regulator—the determined amount.
(2) The CTP regulator may determine an amount for this section.
(3) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(4) To remove any doubt, a person’s insurer may make payments for the person’s medical expenses under section 67F in addition to the amount payable under subsection (1).
67H Early payment—no effect on liability
(1) A payment made by an insurer to a person in relation to a motor accident under this chapter—
(a) is not an admission of liability in relation to the motor accident; and
(b) does not in any way prejudice or affect a claim or proceeding arising out of the motor accident.
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