What obligations are imposed on a claimant by the Motor Accidents Compensation Act 1999 (NSW) to co-operate with the insurer and what are the consequences of failing to co-operate?

The claimant must provide relevant particulars to enable the insurer to make a proper assessment of the claim. Should the claimant failure to do so for 2 ½ years after the accident, the insurer can make a written direction to the claimant to do so within two months and if the claimant fails to meet that deadline, the claim is deemed to have been abandoned.

An application can be made to reinstate the claim, but a full and satisfactory explanation must be provided and this can be costly, time consuming and without guarantee of success.

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