ByLawyers News and Updates

Motor Accident claims disputes – NSW

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The NSW State Insurance Regulatory Authority (SIRA) has launched its new digital portal for motor accident claims disputes. The new platform allows online lodgement, gives all parties to a dispute access to real-time status updates, and is designed to enhance communication and efficiency.

Motor accidents in NSW which occurred after 1 December 2017 are covered by the Motor Accidents Injuries Act 2017 (MAIA). Under the MAIA disputes scheme there is a SIRA Dispute Resolution Service (DRS) established by sections 7.2 and 7.3 to consider and determine a wide range of disputes as set out in Schedule 2 of the MAIA.

The types of disputes fall into three broad categories:

  • Merit Review;
  • Medical Assessment issues;
  • Claims Assessment matters;
  • Miscellaneous disputes.

Essentially, the DRS is the ‘one-stop shop’ for disputes under the scheme.

Application for resolution of motor accident claims disputes can now be lodged online via the SIRA DRS portal.

The portal can also be used to check the progress of applications, receive notification of the outcome of the dispute and to lodge any review if required.

To use the portal practitioners need to register an account with Service NSW and link the account with SIRA.

The By Lawyers Motor Vehicle Accidents (NSW) – Accidents from 1 December 2017 guide has been updated accordingly.

Statutory benefits – MAIA – NSW

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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.

 

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