21st Jan 2012

There are various obligations and time limits, including the following. An injured person’s initial responsibility is to report the accident to police within 28 days, lodge an Accident Notification Form with the green slip insurer of the responsible vehicle within 28 days for injuries causing losses up to $5,000 and lodge a claim form with the green slip insurer within six months for injuries causing losses in excess of $5,000.

Should there be a dispute about the degree of whole person impairment, an application to resolve that dispute should be filed at the Medical Assessment Service no later than 2 years and 9 months after the date of injury. Should negligence be denied, a court case must be lodged within three years.

Should negligence be accepted but the claim fail to settle because the parties cannot agree on the quantum of damages, an application for assessment should be filed at the Claims Assessment & Resolution Service. Whilst there is no time limit for applying to CARS, because of the Court case lodgment limitation period it is prudent to file the CARS application within three years also.

This will “stop the clock” – stop the Court case limitation period from running – and enable an injured worker who is dissatisfied with a CARS decision to “appeal” to Court for a further assessment.

This publication is not legal advice. It is intended as a source of information only. No reader should act on any matter without first obtaining professional advice.

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