Miscellaneous claims assessment whether claimant wholly or mostly at fault sections 3.11 and 3.28 of the Motor Accident Injuries Act 2017 claimant sustained serious injury claimant riding motorcycle travelled behind bus in lane 2 before moving into lane 1 as the bus commenced to make left hand turn colliding with the bus Held – bus activated left hand indicator at time claimant travelling behind bus in same lane indicator was working claimant failed to observe indicator and “do not overtake turning vehicle” sign on rear of bus claimant failed to observe the slowing of the bus and the movement of the bus (albeit briefly) into lane one before attempting to drive past the bus claimant failed to keep a proper lookout claimant was wholly at fault for accident costs assessed on the basis of exceptional circumstances.ĭecision date: 30 September 2022| Member: Susan McTegg Settlement approval 70-year-old male motorbike accident injuries left shoulder acromioclavicular joint residual separation compound fracture left mid tibia/fibula surgical intervention rib fracture and multiple abrasions left elbow 13% whole person impairment entitlement to non-economic loss section 6.23 of the Motor Accident Injuries Act 2017 Held – proposed settlement is just, fair and reasonable settlement approved.ĭecision date: 26 September 2022| Member: Shana Radnan QBE Insurance (Australia) Limited v Willey NSWPIC 542 Settlement approval 78-year-old female injuries to both lower limbs, right knee and left ankle requiring surgical fixation psychological injuries resolved 13% whole person impairment entitlement to non-economic loss section 6.23 of the Motor Accident Injuries Act 2017 Held – proposed settlement is just, fair and reasonable settlement approved.ĭecision date: 23 September 2022| Member: Shana Radnan QBE Insurance (Australia) Limited v Ren NSWPIC 541 Motor Accident Injuries Act 2017 (2017 Act) statutory benefits claim denial of liability for ongoing benefits under sections 3.11 and 3.28 of the 2017 Act on basis that accident caused wholly or mostly by his fault accident occurred on a straight stretch of country road when claimant drove off the road at speed and the car rolled multiple times claimant told police and insurer and member at the first teleconference that the accident occurred when he swerved to avoid a dog like animal on the road claimant later resiled from that evidence and said the accident occurred because he had the intention of committing suicide hospital notes obtained by the insurer confirmed this version of events Held – the claimant was wholly at fault while the claimant had been depressed there was no evidence that he was delusional at the time and that he made the conscious if not impulsive decision to take his own life.ĭecision date: 22 July 2022| Member: Belinda CassidyīAX v Insurance Australia Limited t/as NRMA Insurance NSWPIC 538Ĭlaimant injured in motor accident at 3 April 2021 claimant suffered a right femoral comminated fracture, left 4-7 and right 6-8 rib fractures, right knee injury and a left shoulder injury claim for statutory benefits made insurer accepted liability for claim claimant moved to The Netherlands insurer ceased making weekly payments on the basis that he resided outside Australia application of section 3.21 of the Motor Accident Injuries Act 2017 (2017 Act) where provision amended while the proceedings were on foot by the Motor Accidents and Workers Compensation Legislation Amendment Act 2022 consideration of transitional provisions whether the claimant has a loss of earning capacity that is likely to be of a permanent nature Held – the amendments to section 3.21 of the 2017 Act apply to these proceedings the claimant’s loss of capacity as a result of injuries he sustained in the accident is likely to be of a permanent nature.ĭecision date: 5 August 2022| Member: Brett Williams Motor Accidents non-Presidential Member DecisionsīBK v Insurance Australia Limited t/as NRMA Insurance NSWPIC 537
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