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ADK certificate

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.

Claimant

ADK

Insurer

Allianz Australia Insurance Ltd

Date of Accident

23 February 2018

DRS Reference

10072854

Insurer Claim Number

Date of Internal Review

75C000845

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:

1.

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.

2.

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.

Terence Stern
DRS Claims Assessor
Dispute Resolution Services
Dated: 19 March 2019