PCA Issues Mandatory Exemption Certificate For False & Misleading Claim Notwithstanding A Section 81 Notice Making Full Admission

In Brief

• An allegation of false or misleading statement by the Claimant, in a material particular, as to the circumstances of the accident, will result in a mandatory exemption under s 92(1)(a) of the Motor Accidents Compensation Act 1999 and clause 8.11.6 of the MAA Claims Assessment Guidelines.
• A mandatory exemption under clause 8.11.6, on the grounds of false or misleading statement as to the circumstances of the accident, may be obtained notwithstanding a prior Section 81 Notice admitting fault with no allegation of contributory negligence.

Background

The Principal Claims Assessor has recently issued a Mandatory Exemption Certificate under s 92(1)(a) of the Motor Accidents Compensation Act 1999 and clause 8.11.6 of the MAA Claims Assessment Guidelines, based upon an allegation for false and misleading statement as to the circumstances of the accident.