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ADR 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.

Claimant

ADR

Insurer

NRMA Insurance Ltd

Date of Accident

18 May 2018

DRS Reference

10074280

Insurer Claim Number

NWRTP1801255

Date of Internal Review (1st)

13 November 2018

Date of Internal Review (2nd)

Failure to conduct an internal review under section 7.41(2) of the Act

DRS Decision Maker

Geraldine Daley AM

Date of Decision

6 March 2019

Conference date and time

Determined on the papers

Attendances for Claimant

Nilofar Rahmani of Law Partners on 9891 6650

Attendances for Insurer

Mei Khoo of the NRMA Insurance on 9088 9893

The findings of the assessment of this dispute are:

  1. For the purposes of section 3.38 of the Act, the insurer is entitled to reduce the statutory income support benefits payable in respect of the motor accident for the Claimant’s contributory negligence and I assess the Claimant’s contributory negligence at 20%.
  2. Effective Date: This determination takes effect on 6 March 2019.
  3. 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 ($1,633.00 + GST $163.30 = $1,796.00).

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

Geraldine Daley

Decision Maker

Dispute Resolution Services