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Statutory benefits – MAIA – NSW

September 30, 2019 By By Lawyers

A recent case on statutory benefits under the Motor Accident Injuries Act 2017 has been added to the By Lawyers Motor Accidents From 1 December 2017 (NSW) Guide.

The Act provides that benefits for treatment and loss of income are payable to those injured in motor vehicle accidents, regardless of fault. Where the accident is wholly or mostly caused by the claimant, those benefits cease after 26 weeks.

In AAI Limited v Singh [2019] NSWSC 1300 the Supreme Court considered the potentially complicated question of when the claimant is, or might be deemed to be, at fault and therefore whether statutory benefits should cease after 26 weeks. The court identified an anomaly in the legislation, being an inconsistency between s 5.1 and s 5.6 and opined that ‘Amendment will be necessary if a spate of litigation generated by the obscurities of these provisions is to be avoided’.

The court in this instance determined that the statutory benefits payable to a driver of a single vehicle accident, who was not at fault, should not cease after 26 weeks.

This case has been added to the By Lawyers Commentary under the sections titled No-fault accidents and When do statutory benefits cease, as valuable guidance for subscribers acting for claimants in receipt of statutory benefits.

 

Filed Under: Miscellaneous Tagged With: injuries, MAIA, motor accidents, Motor Accidents Injuries Act NSW, statutory benefits

Motor vehicle accidents – NSW

April 12, 2019 By By Lawyers

The By Lawyers NSW Motor vehicle accidents publication has been reviewed by our author, experienced solicitor Kim Rickards, an accredited specialist in personal injury law.

This publication contains two separate guides, covering the two different statutory schemes for motor vehicle accidents which occurred before, or on and after, 1 December 2017.

Accidents prior to 1 December 2017

Claims arising from motor vehicle accidents which occurred prior to 1 December 2017 are governed by and made under the Motor Accidents Compensation Act 1999 (MACA).

Recent decisions which have considered MACA and the operation of the scheme have been added to this commentary. These include IAG Limited T/as NRMA Insurance v Khaled [2019] NSWSC 320  and IAG Limited t/as NRMA Insurance v Qianxia Lou [2019] NSWSC 382.

The main issue in these cases was whether an assessor had properly considered, under the SIRA guidelines, whether to issue a certificate under s 92(1)(b) of MACA that the matter was not suitable for assessment by the Claims Assessment and Resolution Service (CARS). The issue of such a certificate is required before the applicant can commence court proceedings for a claim.

Accidents on or after 1 December 2017

Claims arising from motor vehicle accidents which occurred on or after 1 December 2017 are governed by and made under the Motor Accident Injuries Act 2017.

Enhancements to this commentary have been made in a number of areas including Costs and Common law claims, including the very practical suggestion that the insurer be requested to concede that the threshold of 10% whole person impairment is overcome, so as to permit prompt commencement of a common law claim where fault exists on the part of another driver.

 

Filed Under: Miscellaneous, New South Wales, Personal injury, Publication Updates Tagged With: claims, compensation, injuries, Motor Accident Injuries Act 2017, Motor vehicle accident, personal injury

Injury publications – medical glossary

October 13, 2017 By By Lawyers

A medical glossary has been added to the injury publications to assist practitioners with ready access to better understanding medical and trauma terms.

Filed Under: New South Wales, Personal injury, Publication Updates, Queensland, Victoria Tagged With: glossary, injuries, injury, medical, terms, trauma

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