Motor Insurance Insolvency Compensation Act 2024
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Presentation and processing of motor claims by Compensation Body | ||
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9. (1) An injured party who is resident in the State and whose loss or injury is caused by a relevant accident may present a motor claim in the specified form to the Compensation Body. | ||
(2) The Compensation Body shall investigate the relevant claim and if it determines that the relevant insurer who wrote the relevant contract is an insurer authorised in another Member State, it shall, as soon as is practicable after it receives the relevant claim, by notice in writing inform the relevant insurer and the compensation body (other) concerned that it has received the relevant claim and provide each of them with a copy of the relevant claim. | ||
(3) (a) Paragraph (b) applies where the relevant insurer who wrote the relevant contract is an insurer (domestic) which has already investigated the precedent claim and— | ||
(i) both— | ||
(I) the relevant insurer has presented the claim to the Compensation Body on behalf of the injured party in accordance with subsection (1), and | ||
(II) further steps in respect of the claim are required to be taken by— | ||
(A) the relevant insurer, | ||
(B) the Compensation Body, or | ||
(C) the relevant insurer and the Compensation Body, | ||
(ii) paid compensation in respect of the claim, or | ||
(iii) denied the claim. | ||
(b) The relevant insurer, or its liquidator, as appropriate, shall, as soon as is practicable after the claim is presented, compensation is paid in respect of the claim or the claim is denied, as the case may be, make a return in the specified form in respect of the claim and give that return to the Compensation Body. | ||
(4) Where the relevant insurer is an insurer authorised in another Member State, the Compensation Body shall, as soon as is practicable after it is presented with the relevant claim, by notice in writing inform the compensation body (other) concerned and the relevant insurer that it has been presented with the relevant claim. | ||
(5) (a) The Compensation Body shall, not later than 3 months after it receives the relevant claim, assess the claim and— | ||
(i) where— | ||
(I) it determines that compensation referred to in section 5 (2) is liable to be paid in respect of the claim, | ||
(II) the claim is not contested, and | ||
(III) the damages in respect of the claim have been fully or partially quantified, | ||
take the action required by paragraph (b), or | ||
(ii) where— | ||
(I) it determines that compensation referred to in section 5 (2) is not liable to be paid in respect of the claim, | ||
(II) the claim is contested, | ||
(III) liability in respect of the claim is denied or has not been fully determined, or | ||
(IV) the damages in respect of the claim have not been fully quantified, | ||
take the action required by paragraph (c). | ||
(b) Where paragraph (a)(i) applies, the Compensation Body shall, subject to section 17 (1)(b), make, by notice in writing, a reasoned offer of compensation (which, in the case of damages referred to paragraph (a)(i)(III) which have only been partially quantified, shall only relate to the damages so quantified) to the relevant claimant in respect of the relevant claim setting out the grounds on which liability and damages have been assessed. | ||
(c) Where paragraph (a)(ii) applies, the Compensation Body shall give notice in writing to the relevant claimant setting out the grounds on which— | ||
(i) compensation referred to in section 5 (2) will not be paid in respect of the relevant claim, or | ||
(ii) it has not yet been determined whether or not such compensation will be paid, | ||
as the case may be. | ||
(6) Where the relevant claimant accepts the offer referred to in subsection (5)(b) by notice in the specified form (in this subsection referred to as the “acceptance notice”) given to the Compensation Body— | ||
(a) the Compensation Body shall give the Bank notice in writing of the determination concerned referred to in subsection (5)(a)(i)(I) and, in the notice, request the Bank to transmit to the Compensation Body, out of the Fund, funds sufficient to enable the Compensation Body to pay the relevant amount to the relevant claimant, | ||
(b) the Compensation Body shall pay the relevant amount to the relevant claimant not later than 3 months after it receives the acceptance notice, and | ||
(c) the payment of the relevant amount to the relevant claimant shall constitute full and final settlement of— | ||
(i) subject to subparagraph (ii), the relevant claim, or | ||
(ii) in the case of damages referred to in subsection (5)(a)(i)(III) which have only been partially quantified, the relevant claim in so far as it relates to the damages so quantified. | ||
(7) In this section— | ||
“precedent claim”, in relation to the relevant claim, means a claim previously presented to the insurer (domestic) concerning, whether in whole or in part, the same relevant claimant and the same insured event; | ||
“relevant accident” means an accident caused by a person whose insurance contract, at the time that the accident occurred, is written by a relevant insurer (including any successor thereto in so far as such contract is concerned) the subject of a winding-up decision made on or after 23 December 2023; | ||
“relevant amount”, in relation to the offer referred to in subsection (5)(b), means the amount of compensation the subject of the offer; | ||
“relevant claim”, in relation to a relevant accident, means the motor claim referred to in subsection (1); | ||
“relevant claimant”, in relation to a relevant claim, means the injured party making the claim; | ||
“relevant contract”, in relation to a relevant accident, means the insurance contract referred to in the definition of “relevant accident”. |