Section 6.20 — Motor Accident Injuries Act 2017 (NSW)

(cf s 81 MACA)
(1) When a claim for damages is made, the insurer must as expeditiously as possible give notice to the claimant in accordance with the Motor Accident Guidelines as to whether the insurer admits or denies liability for the claim. The insurer must in any event give that notice within 3 months after the claim is made.
(2) If the insurer admits liability for only part of the claim, the notice is to include details sufficient to ascertain the extent to which liability is admitted.
(3) If an insurer admits fault in respect of a claim but fails to admit any other element of liability, the insurer is not considered to have admitted liability for the claim.
(4) If the insurer fails to comply with this section, the insurer is taken to have given notice to the claimant wholly denying liability for the claim.
(5) Nothing in this section prevents an insurer from admitting liability after having given notice denying liability or after having failed to comply with this section.
(6) It is a condition of an insurer’s licence under this Act that the insurer must comply with this section.

Related sections

• s 6.17 — Power of insurer to act for insured
• s 6.18 — Power of insurer to intervene in legal proceedings
• s 6.19 — Acceptance of liability for claim for statutory benefits
• s 6.21 — Costs penalty for unreasonable denial of liability
• s 6.22 — Duty of insurer to make offer of settlement on claim for damages
• s 6.23 — Restrictions on settlement of claim for damages

Research how courts apply s 6.20

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.