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If the insurer denies liability for the medical expenses of the injurer, the injurer may retain a lawyer for injury compensation negotiations. Although every person who has sustained injuries in a motor vehicle accident is entitled to make a claim, what they can recover as compensation may differ depending on the circumstances. In many cases, it may not be possible to forecast the amount of compensation or other benefits the injured person may receive until the liability is agreed upon between the parties. The objective of providing compensation to the injured person is to facilitate his recovery and restore him to the pre-accident condition. However, New South Wales Compensation law sets out various limitations on the maximum amounts recoverable by the claimants. Generally, the claimant can recover medical and rehabilitation expenses so far as such expenses are reasonable and necessary. The medical expenses may include hospital bills, pharmaceutical bills, payments made to doctors and therapists as well as travelling and other related expenses which the injurer has to bear because of the injuries. If the liability is accepted, the insurer cannot wait until the claim is finalized to make payments for the reasonable and necessary medical expenses. The insurer must be provided with the original accounts and receipts and the injurer may keep their copies as well as a record of expenses. The insurer may continue to pay accounts if the injured person shows some improvement in terms of his recovery. In certain situations, the insurer may make “without prejudice” payments to the injurer without accepting liability. In New South Wales, if the insurer denies liability or partly accepts liability, the injurer can refer the dispute to the Medical Assessment Service. The injured person can retain a lawyer for injury compensation negotiations with the insurer as well as for assistance in the dispute settlement process.
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