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ABC certificate

Issued in accordance with section 7.36(5) of the Motor Accident Injuries Act 2017 and clause 7.441 of the Motor Accident Guidelines

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

ClaimantACB
InsurerNRMA Insurance Limited
Date of Accident10 March 2018
DRS Reference10053063
Insurance Claim NumberNWRTP180057701
Date of Internal Review18 September 2018
DRS Claims Assessor David R Ford
Date of Decision20 March 2019
Conference date and time21 February 2019 at 2:00 PM
Conference venue and locationLevel 21, 1 Oxford Street, Darlinghurst
Attendances for ClaimantMr John Keesing, Counsel
Mr Khanh Ton, Solicitor
Ms Katrina Lam, Law Graduate
Claimant
Attendances for InsurerMr John Guihot Counsel
Ms Mei Khoo Solicitor

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

  1. For the purposes of section 3.11 of the Motor Accident Injuries Act 2017 (NSW), the motor accident was not caused wholly or mostly by the fault of the injured person.
  2. For the purposes of section 3.28 of the Motor Accident Injuries Act 2017 (NSW), the motor accident was not caused wholly or mostly by the fault of the injured person.
  3. Effective Date: This determination takes effect on 20 March 2019.
  4. Legal Costs: The amount of the Claimant’s costs assessed in accordance with the Motor Accident Injuries Regulation 2017 is $1,796.30 inclusive of GST.

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

David R Ford
DRS Claims Assessor
Dispute Resolution Services