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.
NRMA Insurance Ltd
Date of Accident
18 May 2018
Insurer Claim Number
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:
- 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%.
- Effective Date: This determination takes effect on 6 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 ($1,633.00 + GST $163.30 = $1,796.00).
A brief statement of my reasons for this determination are attached to this certificate.
Dispute Resolution Services