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ABA v NRMA Insurance Ltd [2018] NSWDRS CA 027

NSW DISPUTE RESOLUTION SERVICE (NSWDRS)
JurisdictionMiscellaneous Claims Assessment
CatchwordsStatutory benefits – time limits – dispute resolved – application dismissed
Legislation citedMotor Accidents Injury Act (NSW) ss 6.13, 7.36(4) & (5), Schedule 2(3)
Motor Accident Guidelines effective 13 July 2018 cl 7.441
Cases citedN/A
Text citedN/A
Parties ABA - Claimant
NRMA Insurance Ltd - Insurer
DisclaimerThis decision has been edited to remove all Unique Personal Identification including the name of the Claimant.

Miscellaneous Claims Assessment Certificate

View the certificate

Issued in accordance with cl 7.445 of the Motor Accident Guidelines

Determination of a matter declared under Schedule 2(3) of the Act to be a miscellaneous claims assessment matter

ClaimantABA
InsurerNRMA Insurance Limited
Date of Accident16 April 2018
DRS Reference10040997 JD
Insurance Claim NumberNWRTP1800828
DRS Decision MakerHelen K. Wall
Date of Decision4 September 2018
Conference date and time3 September 2018 at 2:00pm
Attendances for ClaimantMs Lorraine Gawler of Australian Law Group
Attendances for InsurerMr Rhys Wilson of NRMA Insurance Limited

The findings of the assessment of this dispute are as follows:

  1. This application is dismissed.
  2. The parties have resolved their dispute and the Insurer agrees to pay the Claimant’s regulated costs.

A brief statement of my reasons for this determination are attached to this certificate.

Helen K. Wall
Decision Maker, Delegate of the Principal Claims Assessor
Dispute Resolution Services

Reasons for decision

Issued in accordance with section 7.36(4) of the Motor Accident Injuries Act 2017

Background

This application is in relation to section 6.13 of the Motor Accident Injuries Act 2017 where the Insurer has refused to pay statutory benefits for the Claimant, stating that his claim for statutory benefits was not made within 28 days after the date of the motor accident on 16 April 2018.

1.  The application was lodged by the Claimant’s solicitor.

2.  I held a telephone conference on 3 September 2018 at 2:00pm with the representatives from both sides.

3.  I was advised at that telephone conference that this dispute has resolved between the parties.

4.  The Insurer confirmed that it agreed to pay the Claimant’s representatives its regulated costs.

5.  I indicated to the parties that I would dismiss this application and note that the parties have agreed on costs.

Conclusion

My determination of the Miscellaneous Claim is as follows:

6.   I dismiss the application.

7.   I note the parties have resolved their dispute.

8.   I note that the Insurer agrees to pay the Claimant’s regulated costs in this matter.

Helen K. Wall
Decision Maker, Delegate of the Principal Claims Assessor
Dispute Resolution Service
4 September 2018