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.