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Accident Compensation Act 2001

Code of ACC Claimants' Rights, and claims - Claims process

58: Effect of failure to meet time limits

You could also call this:

“What happens if ACC doesn't decide on your claim in time”

If the Corporation doesn’t make a decision about your claim within the time limits set in section 56 or section 57, you are treated as if the Corporation decided you have cover for your personal injury. This means your claim is automatically accepted.

When this happens, the Corporation must tell you three things. First, they must let you know that the time limit has run out and they haven’t made a decision. Second, they need to explain that because of this, you are considered to have cover for your injury. Finally, they should tell you that the date of this decision is the same as the date when the time limit expired.

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Part 3 Code of ACC Claimants' Rights, and claims
Claims process

58Effect of failure to meet time limits

  1. When the Corporation fails to comply with a time limit under section 56 or section 57, whichever applies, the claimant is to be regarded as having a decision by the Corporation that he or she has cover for the personal injury in respect of which the claim was made.

  2. When subsection (1) applies, the Corporation must tell the person that—

  3. the time limit has expired without the Corporation having made a decision; and
    1. the effect is that the claimant has a decision that the claimant has cover; and
      1. the date of the decision is the date of the expiry of the time limit.