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ARTICLE · 29 OCTOBER 2025

Claimant's duty to co-operate with the insurer is mandatory

Recent decision makes it clear that the section 6.24 obligation to co-operate with the Insurer is mandatory.

AustraliaLitigation, Mediation & Arbitration

In Brief

  • Section 6.24 of the Motor Accident Injuries Act 2017 (MAIA) requires the Claimant to co-operate with the Insurer by providing information to assist the Insurer to verify the claim, or parts of the claim.
  • The obligation in s 6.24 to co-operate with the Insurer is mandatory..

Facts

The Personal Injury Commission (PIC) published its decision in AAI Limited t/as AAMI v Elias [2025] NSWPICMR 31 on 24 October 2025.

The Claimant was injured in a motor accident on 26 November 2024.

The Claimant alleged that he employed was a full-time manager and that he earned $1,500 per week.

The Insurer detected discrepancies in the payslips provided by the Claimant and was concerned that the Claimant may have received undisclosed income post-accident.

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