Peter Hunt
Consultant
CTP Insurance, Insurance
Claimant’s Duty to Co-operate with the Insurer is Mandatory
27 October, 2025
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.
In order to verify the Claimant’s pre-accident and post-accident earnings, and to ensure that no part of the claim was fraudulent, the Insurer requested:
- Unredacted personal bank statements.
- A notice of assessment for the year prior to the MVA.
- The Claimant’s superannuation statement.
The Claimant refused to provide the documents requested by the Insurer.
The Insurer sought a merit review as to whether the requested documents were reasonably required and whether the Claimant had a reasonable explanation for his failure to comply with the request.
The Merit Reviewer’s Reasons
The Merit Reviewer found the Insurer’s request was reasonable and that the Claimant had no reasonable explanation for non-compliance, for the following reasons:
- The Insurer is under an obligation to be satisfied that the claim is valid.
- Pursuant to section 6.24 of MAIA, a Claimant is under a mandatory obligation to “co-operate fully” with the Insurer to assist the Insurer to discharge its obligation.
- Given that a Claimant bears the onus of establishing a valid claim for statutory benefits, a Claimant fails to comply with their obligation under s 6.24 at their own peril.
- The Insurer’s request that the Claimant co-operate by providing additional information and documents was reasonable because the documents provided by the Claimant were riddled with inconsistencies and there were genuine concerns regarding the validity of his claimed pre-accident and post-accident earnings.
- The Claimant’s privacy concerns did not amount to a reasonable explanation for non-compliance with the Insurer’s request.
Why This Case is Important
The decision in Elias confirms that s 6.24 of MAIA mandates that the Claimant must fully co-operate with the Insurer by providing relevant information and documents about the claim.
The obligation in s 6.24 is frequently confused with the obligation in s 6.25. The two sections, however, serve different purposes.
Section 6.25 only applies to a claim for damages. It obligates the Claimant to provide full particulars of their claim. The obligation exists even if the Insurer does not request compliance.
Section 6.24 applies to both a claim for damages and a claim for statutory benefits. It obligates the Claimant to co-operate with the Insurer by providing information and documents to help the Insurer satisfy itself that no part of the claim is fraudulent and to allow the insurer to assess liability and make an informed offer of settlement.
Importantly, the obligation in s 6.24 goes beyond the provision of particulars and extends to information and documents.
The decision in Elias makes it clear that the s 6.24 obligation to co-operate with the Insurer is mandatory.
If you would like to discuss this case note, please don’t hesitate to get in touch with CTP Practice Group Leader Peter Hunt today.
