Motor Accident Compensation

Motor Vehicle Accident Claims, NT: Part 4 – Disputing a Decision

Part 4 in a series of blogs that will specifically address Motor Vehicle Accident Claims in the Northern Territory.

Part 4 in a series of blogs that will specifically address Motor Vehicle Accident Claims in the Northern Territory.

When you make a claim to TIO under the Motor Accident Compensation (MAC) Scheme you may be unhappy with the decision that is made by the insurer. If you feel that the decision made regarding your benefits and entitlements is incorrect and there has been an error in the decision making you may wish to seek to have the decision reviewed. Employing the services of a lawyer may provide critical assistance when disputing a decision and seeking to have a decision reviewed.

Here are a few examples of decisions that may form the basis for a review:

– Your claim is rejected or your entitlements are reduced because the circumstances of your accident can not be agreed upon.

– You have had your claim for certain treatment refused.

– Your capacity to work has been deemed to be greater than you believe is accurate.

– The amount of any lump sum compensation you are entitled to.

– Someone is deemed to have a greater capacity for work than they actually have.

Steps for review:

1. Internal Review

You may seek an internal review. This is an optional step in the review process. This review into the decision will be conducted by a member of the TIO.

2. Designated Person Review (DPR)

If you do not wish to seek an informal review or you are still unhappy with the result of the informal review then you can seek a formal review, a “Designated Person review”. This person will be appointed by the TIO Board and deal specifically with reviewing decisions. You must make this application within 90 days of hearing news of your original decision.

3. Tribunal Appeal

Under section 28E of the MAC Act if you are unsatisfied with the result of the DPR you can apply to the MAC Appeals Tribunal. This application must be made within 28 days of receiving your result from the DPR. The TIO expressly suggest that it is worthwhile seeking legal advice about the ongoing costs and upcoming process if you make the decision to apply to the Tribunal.

Given the importance of receiving the benefits and entitlements for which you are owed it is recommended that legal advice is sought early on in the process of disputing the original decision. A lawyer will be able to guide you through the process and ensure that your best possible outcome is achieved.

Part 1 – The Basics

Part 2 – Permanent Impairment

Part 3 – Loss of Earning Capacity Payments

Contact us for a free initial interview about your claim.