ABA v NRMA Insurance Ltd [2018] NSWDRS CA 027
| NSW DISPUTE RESOLUTION SERVICE (NSWDRS) | |
|---|---|
| Jurisdiction | Miscellaneous Claims Assessment |
| Catchwords | Statutory benefits – time limits – dispute resolved – application dismissed |
| Legislation cited | Motor 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 cited | N/A |
| Text cited | N/A |
| Parties | ABA - Claimant NRMA Insurance Ltd - Insurer |
| Disclaimer | This 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 | |
|---|---|
| Claimant | ABA |
| Insurer | NRMA Insurance Limited |
| Date of Accident | 16 April 2018 |
| DRS Reference | 10040997 JD |
| Insurance Claim Number | NWRTP1800828 |
| DRS Decision Maker | Helen K. Wall |
| Date of Decision | 4 September 2018 |
| Conference date and time | 3 September 2018 at 2:00pm |
| Attendances for Claimant | Ms Lorraine Gawler of Australian Law Group |
| Attendances for Insurer | Mr Rhys Wilson of NRMA Insurance Limited |
The findings of the assessment of this dispute are as follows:
- This application is dismissed.
- 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