Issued in accordance with cl 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)(g) and (n) of the Act to be a miscellaneous claims assessment matter.
- Claimant: AEA
- Insurer: NRMA Insurance
- Date of Accident: 12 July 2018
- DRS Reference: 10079058
- DRS Claims Assessor: Philip Watson
- Date of Decision: 4 April 2019
The findings of the assessment of this dispute are as follows:
- For the purposes of section 3.38 the insurer is not entitled to reduce the statutory benefits payable in respect of the motor accident.
- For the purposes of Schedule 2, Section 3(n) the Claimant was not guilty of contributory negligence in respect of the motor accident.
- 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.