Issued in accordance with cl 7.445 of the Motor Accident Guidelines.
Determination of a matter declared under Schedule 2(3) of the Act to be a miscellaneous claims assessment matter.
Allianz Australia Insurance Ltd
Date of Accident
23 February 2018
Insurer Claim Number
Date of Internal Review
19 December 2018
DRS Decision Maker
Claims Assessor Terence STERN
Date of Decision
19 March 2019
Date of Preliminary Conference
Participating at the Preliminary Conference for Claimant
29 January 2019 at 3.30pm
Chris Long of P K Simpson
Participating at the Preliminary Conference for Insurer
Christina Boyadjian of Allianz Australia
The findings of the assessment of this dispute are as follows:
i.[Miscellaneous Claim, which is a reviewable decision under Schedule 2 (3) (K) of the Motor Accident Injuries Act 2017 (‘the Act’) about whether the Insurer is entitled to refuse payment of weekly payments of statutory benefits in accordance with Section 6.13 (Time for making of claims for statutory benefits)].
The Insurer is not entitled to refuse payment of weekly payments of statutory benefits.
ii.[Dispute under Schedule 2, Clause (3) (H) whether for the purposes of Part 6 (Motor Accidents Claims) the Claimant has given a full and satisfactory explanation for non-compliance with a duty or for delay].
The Claimant has given a full and satisfactory explanation for the delay.
Legal costs: The amount of the Claimant’s costs assessed in accordance with the Motor Accident Injuries Regulation 2017 is $1,862.30 inclusive of GST.
A brief statement of my reasons for this determination are attached to this certificate.
DRS Claims Assessor
Dispute Resolution Services
Dated: 19 March 2019