Additional Information
Time for Making a Claim
1. Claims should be made within six months.
2. Claims made after six months will need to include written reasons as to why the claim was not made within the six month period to enable consideration of the claim.
3. Claims lodged more than three years after an accident can not be accepted.
4. If the injured person was under 18 years of age at the time of accident, they have three years from when they turn 18 to lodge a claim.
Reporting of Accidents
It is a legal requirement that all motor vehicle accidents resulting in bodily injury or damage are reported to the police as soon as possible. If the accident is not reported, it could result in delays in the payment of benefits.
Payments to Minors
Where a payment is required to be made to a person under the age of 18, the payment will be made on behalf of that person to the Public Trustee, or to the guardian, who has the responsibility for the immediate care and welfare of the minor.
Appeal Process
Requesting a Formal Decision by the Designated Person:
If a decision is made on your claim that you do not agree with you can request the Designated Person to review the file and make a formal determination.
The request for a decision needs to be made in writing and the Designated Person must make a decision or refer the matter to the TIO Board within 30 business days.
The 30 business day period can be extended if a written request is sent to the you for additional information.
Referral to the TIO Board:
If the Designated Person fails to make a decision within 30 business days or makes a decision that the you still does not agree with then you can request in writing for the matter to be referred to the Board for a decision.
You have 28 days from when you receive the determination to make this request.
Once this request is made the Designated Person must refer the matter to the Board as soon as practicable. You can make written submissions which the Board will review. The Board then has 60 calendar days from the date of referral to make a decision.
Tribunal:
If you are still not satisfied then you can refer the matter to Tribunal. A Supreme Court judge constitutes the Tribunal. You must refer the matter within 28 days from being served with the Board's determination, or if the Board fails to make a determination, within 28 days from the end of the sixty day period.
Legal Costs
You may seek legal advice regarding any aspect of you claim, however legal costs are not recoverable unless specifically ordered by the Tribunal.
Recovery
If a person is convicted of driving under the influence of alcohol and/or drugs or driving an unregistered vehicle, TIO can may exercise its right to recover the benefits paid to any other person injured as a result of the accident.