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You can claim compensation from the insurer for medial expenses if the insurer accepts liability and does not dispute the medial treatment. In New South Wales, if you have injured in a motor vehicle accident you can claim compensation from the insurer of another vehicle involved in the accident. You can make a personal injury claim to recover the expenses and losses you have to incur because of the accident. If you claim compensation for medical expenses, the medical treatments you receive must be reasonable, necessary and relevant to the injuries sustained in the accident in question. Whenever the insurer feels that the treatment does not satisfy the above criteria it can refuse to make the payments, bringing about a dispute between you and the insurer. New South Wales law provides for the settlement of such disputes through Medical Assessment Service. It has power to assess medical disputes of various types, including disputes relating to treatments, permanent impairment, further medical assessments and reviews of medical assessments. However, it is important to request the insurer to reconsider its decision before lodging the application with the Medial Assessment service. When you lodge your application, you will need to attach all the relevant documents and reports to substantiate your position. Copies of the application should be sent to the insurer and the Medical Assessment Service. Once the application is lodged, the other party will be given a reasonable time to lodge their reply. You will be provided with a copy of their reply. Then an officer of the Medical Assessment Service will review the application and the reply and decide whether the matter should be referred for assessment. The assessors of the Medical Assessment Service will assess the dispute when it is referred for assessment. The Medical Assessment Service will consider a number of factors when they allocate the dispute to a particular assessor or a group of assessors. Sometimes, the injured person may be required to attend a medical examination as well. The medical examination will be held within a few weeks after the dispute is referred for assessment. If you cannot attend the medical examination you must inform the Medical Assessment Service as soon as possible. Once the assessors make their decision, it will be final and binding upon the parties to the dispute. However, if you are not satisfied with the decision you may be able to lodge another application for further assessment or review of a medical assessment with the Medical Assessment Service.
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