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27 June 2004:
Agreement for Immediate Needs Assessment
BICMA Agreement for Immediate Needs Assessment (INA)
1. The Claimant is making a Claim for compensation for Personal Injury against the Defendant. The Insurer is handling the claim on behalf of the Defendant.
2. The Claimant and the Insurer wish to identify the immediate needs of the Claimant so as to help the Claimant’s recovery and rehabilitation.
3. The Insurer will pay the cost of the INA and where reasonable and necessary fund its implementation.
4. The Claimant and Insurer jointly appoint the Assessor to investigate the Claimant’s immediate needs and provide an Immediate Needs Assessment (INA) in accordance with the Rehabilitation Code.
5. The Assessor shall in the INA identify the Claimant’s immediate needs and offer practical suggestions as to how to those needs can be met together with details of possible providers, availability and cost. (See Appendix for further details.)
6. The Claimant and the Insurer will:
i) co-operate with each other and the Assessor; and
ii) within 28 days of receipt of the INA give notice to the other and the Assessor that they accept reject or make alternative proposals to those set out in the INA but failing such notice shall be deemed to have accepted the INA
7. Any such notice will give reasons for rejecting or varying those parts of the INA that have not been accepted.
8. The Claimant and the Insurer agree that the purpose of the INA is to assist with the rehabilitation of the Claimant and is not intended for use in legal proceedings concerning the Claim. However if either party refuses to implement the INA or fails to give good reason as at 6. above, the other party may refer to the INA in any proceedings.
9. The Insurer agrees that it will not challenge on grounds of cost or necessity any special damages claim subsequently made in proceedings by the Claimant for the cost of meeting the Claimants immediate needs as recommended by the INA save for those recommendations which the Insurer notified to the Claimant it did not accept.
SIGNED For and on behalf of the Claimant Date……/………/200………..
SIGNED For and on behalf of the Defendant Date……/………/200……….
APPENDIX
THE ROLE OF THE ASSESSOR/CASE MANAGER in preparing an Immediate Needs Assessment
The purpose of assessment as described within the Rehabilitation Code is to identify the immediate rehabilitation needs of an injured person. The Code specifically excludes consideration of causation, liability or quantum and reference to any long-term care needs within the INA.(Clause 5.3)
The report should identify the immediate needs and offer practical and timely solutions together with details of providers, availability and cost.(Clause 5.2 )
In practice the Immediate Needs Assessment report should not make recommendations for e.g. a course of treatment/rehabilitation or
adaptations to property. Recommendations can properly be made to the appropriate experts in these disciplines who in turn will assess and advise.
The sole purpose of the report is to identify the injured person’s disability and circumstances and to make recommendations as to those
needs that will immediately aid their recovery, rehabilitation and quality of life.
The need for further or subsequent assessment or treatment shall be agreed between the parties (Clause 6.5)
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