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Personal injury claims relating to car crash accidents will be referred to the Medical Assessment Service if the injurer and the insurer cannot reach a settlement. The disputes pertaining to the medical expenses which occur between the persons who get injured in car crash accidents and their relevant insurers can be referred to the New South Wales Medical Assessment Service. The Medical Assessment Service can assess medical disputes with regards to treatments, permanent injuries, further medical assessments as well as reviews of medical assessments. The injured person is required to fill out the relevant application form and lodge his application as soon as practicable after the dispute arises. If there are several disputes pertaining to the same claim, separate applications have to be made for each dispute. Before making the claim, the injured person should request the insurer to review their decision. The insurer should explain the reasons for their decision to the injured person in writing. In addition the insurer should provide information on the injured person’s rights relating to review of the decision. If no settlement is reached, the injured person should lodge his application for settlement of the dispute. One copy of the application should be sent to the insurer and two copies should be sent to the Motor Accident Authority of New South Wales. With each copy, the injured person must provide copies of all the reports and documents in support of the application. As a general rule, once the Application is lodged with the relevant documents, no additional documents can be lodged to support the application. However, additional documents can be lodged after the lodgement of the initial application, where the other party consents, where the Proper officer is satisfied that exceptional circumstances exist, or where the Proper officer, assessor or an officer of the Medical Assessment Service makes a specific request. The copies of such documents must first be provided to the other party. After the application is lodged, the other party will be given an opportunity to make their reply. Then the relevant officer will consider the both application and reply and will determine whether the matter should be referred for assessment. The matters referred for assessment will be assessed by one or more assessors as necessary and the parties will be informed of their decision within 10 days of the reply.
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