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PIPD, Specific procedures where the claimant is incapacitated or disabled …
PIPD
At The Courts
$250k - $500k Claim
- File at High Court
- Automatically transferred to State Courts
- SCJO (Transfer of Specified Proceedings to District Court) 2016
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Claim > $500k
Transfer to State Courts: s23(a) State Courts Act
- A District Court has jurisdiction under s 19(2) to hear and try the action even though the amount claimed in the action exceeds the District Court limit.
- Case can be transferred to State Court
- Benefits below see (+)
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Causation i.e. whether DF caused loss - is a liability issue
- Must be dealt with at the liability stage, not damages stage
- If DF wishes to dispute causation of any of these many injuries, it must be dealt with at the liability stage. i.e. once claimant enters interlocutory judgment in respect of certain injuries, there can be no question of causation for these injuries later on.
Advising Client
Claimant
Mode of Claim
- Make claim using workshops, lawyers or DIY
Claim Options
- Own Damage Policy
(-) Will affect no-claim bonus
- Make 3P Claim on DF's Insurance
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Defendant
- Private settlement
DO NOT admit fault
(+) preserve "no claim" bonus in own insurance
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Reporting Procedures
GIA Report
- Bring vehicle to workshop within 24 hours
- At reporting centre, must make accident report
- Late reporting can result in a claim in the NCD of the policyholder
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Motor Insurer's Bureau Agreement
- Use where DF is untraceable or uninsured
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At The Scene
- Exchange particulars
- Take photos
- Do not admit fault or liability
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