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
|Insurer||NRMA Insurance Limited|
|Date of Accident||10 March 2018|
|Insurance Claim Number||NWRTP180057701|
|Date of Internal Review||18 September 2018|
|DRS Claims Assessor||David R Ford|
|Date of Decision||20 March 2019|
|Conference date and time||21 February 2019 at 2:00 PM|
|Conference venue and location||Level 21, 1 Oxford Street, Darlinghurst|
|Attendances for Claimant||Mr John Keesing, Counsel|
Mr Khanh Ton, Solicitor
Ms Katrina Lam, Law Graduate
|Attendances for Insurer||Mr John Guihot Counsel|
Ms Mei Khoo Solicitor
The findings of the assessment of this dispute are as follows :
- 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.
- 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.
- Effective Date: This determination takes effect on 20 March 2019.
- 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