On 3 November 2023 the NSW Personal Injury Commission released its decision in Hamid v Insurance Australia Ltd t/as NRMA Insurance [2023] NSWPIC 157.
The Claimant in Insurance Australia Limited t/as NRMA Insurance v Mangogna [2023] NSWPICMP 509 alleged that they had sustained injuries in a motor vehicle accident on 8 January 2021.
Pursuant to section 131 of the Motor Accidents Compensation Act (NSW), a Claimant is only entitled to damages for non-economic loss where the permanent impairment is greater than 10% and results from an injury caused by a motor vehicle accident.
The decision in Aleksic v AAI Limited t/as GIO [2023] NSWPICMP 466 acts as a reminder that in threshold injury disputes, a motor accident does not need to be the sole cause – or even the predominant cause – of the relevant medical condition.