Motor Vehicle Accident
Topic
What is an ISV assessment and how does this affect my car accident claim?
Motor Vehicle Accident
Topic
What is an ISV assessment and how does this affect my car accident claim?
An Injury Scale Value assessment, commonly abbreviated to an ‘ISV’ assessment, is a medical assessment wherein the assessing doctor answers set questions and provides guidance as to the ISV rating of an injured person’s injuries. The assessment should be performed on all of the injuries sustained in the subject motor vehicle accident, whether the injuries are physical or psychiatric/psychological. It is necessary for physical injuries and psychiatric/psychological injuries to be assessed separately.
What is the process for arranging an ISV Assessment and who can arrange it?
Either the Compulsory Third Party (‘CTP') insurer responding to the claim, the injured person, or either party’s solicitor, can arrange an ISV assessment.
An ISV assessment should be booked with an accredited medical practitioner and a letter of request to the doctor must be prepared in advance of the assessment.
If the assessment is arranged by the CTP insurer, they will send a letter to you (or your solicitor) setting out the date, time and location of the assessment.
Who can perform an ISV Assessment?
Medico-legal doctors, rather than treating doctors, perform an ISV assessment. A medico-legal doctor must be accredited by the Motor Accident Injury Accreditation Scheme to perform an ISV assessment. The Register of Accredited Medical Practitioners, can be found here.
What questions should be asked of an Accredited Assessor
Following the ISV assessment a report will be prepared by the medical practitioner. Pursuant to the Civil Liability Regulations, specific questions must be asked of the medical practitioner in the letter of request for a report. Those questions address:
Additional questions can be agreed between the insurer and the injured person.
When can an ISV Assessment be performed?
An ISV rating can be provided for an injury once the injury has reached maximum medical improvement. Consequently, the time for when an ISV assessment should be arranged is when the injured person’s injuries might have reached maximum medical improvement.
Who pays for an ISV Assessment?
The CTP insurer will pay for the ISV assessment and report if they arrange it, or if they reach an agreement with the injured person or their lawyer to fund it. Otherwise, the injured person may arrange and pay for an ISV assessment. The injured person may be entitled to recover some or all of the cost of the ISV assessment, if the injured person succeeds in his or her claim.
What is the significance of an ISV Report?
In this ISV system, the opinion of an accredited medical practitioner is significant, but is indicative and not determinative of the ISV rating of an injured person’s injuries. The Court determines the ISV, or it may be agreed by negotiation, and the opinion of the accredited medical practitioner provides guidance to the Court and the parties as to the appropriate ISV.
Contact us
If the CTP insurer responding to your claim has arranged an ISV assessment or suggested an assessment be arranged, contact MKF Lawyers on 08 7093 2998 or at info@mkflawyers.com.au for advice.