On 1 December 2023 the Personal Injury Commission (PIC) released its decision in Hall v Insurance Australia Limited t/as NRMA Insurance  NSWPIC 617.
The Claimant was injured in a motor vehicle accident when he attempted to overtake the Insured vehicle. The Insured was looking for the entrance to a property on his right. The Claimant assumed that the Insured driver had pulled over to the left and decided to overtake the Insured’s slow-moving vehicle. The Insured began his right turn as the Claimant began to overtake his vehicle – resulting in a collision.
The Insurer denied liability for the claim after 26 weeks on the basis that the Claimant was wholly at fault for the accident.
The Claimant alleged that the Insured driver was wholly at fault.
The Claimant sought an internal review and the decision was affirmed.
The Claimant lodged a miscellaneous assessment with the PIC to resolve the most-at-fault dispute.
The PIC Member was called upon to determine two issues:
The Member made the following findings of fact:
The Member found that the Claimant was not wholly at fault because each party was partially to blame for the accident.
The Member found the culpability of the Insured driver was probably greater than the Claimant, because the Claimant would not have attempted to overtake the Insured vehicle if the Insured had indicated his intention to make a right turn – thus the accident would not have occurred.
The Member did not find that the Claimant was mostly at fault.
The decision in Hall v Insurance Australia Limited t/as NRMA Insurance  NSWPIC 617 reminds us that:
If you have a query relating to any of the information in this case note, or would like to discuss a similar matter of your own, please don’t hesitate to get in touch with CTP Insurance Special Counsel Helen Huang today.
In QBE Insurance (Australia) Limited v Lay  NSWSC 1433, the matter before the Supreme Court was the insurer's application for judicial review of the Merit Reviewer's decision and the President's Delegate's decision regarding the claimant's entitlement to extended weekly payments under s 3.12 of the Motor Accident Injuries Act 2017 (NSW).
On 20 November 2023, the NSW Supreme Court delivered judgment in the matter of Langdon v Carnival PLC t/as P&O Cruises Australia  NSWSC 1406.