Issued in accordance with section 7.36(4) of the Motor Accident Injuries Act 2017
Determination of a matter declared under Schedule 2(3) of the Act to be a miscellaneous claims assessment matter
|Insurer||AAI Limited trading as GIO|
|Date of Accident||20 May 2018|
|DRS Decision Maker||Claims Assessor and Merit Reviewer Cassidy|
|Date of Decision||24 July 2019|
|Conference date and time||16 July 2019 at 10:00am|
|Conference venue and location||Port Macquarie Court House|
|Attendances for Claimant||Mr Roger Firth solicitor - LHD Lawyers|
|Attendances for Insurer||Mr Tony Bowen barrister - intructed by Suncorp legal|
The findings of this assessment are:
1. For the purposes of section 3.11 the motor accident was caused wholly by the fault of AFI.
2. For the purposes of section 3.28 the motor accident was caused wholly by the fault of AFI.
3. In accordance with s 8.3(4), s 8.10(3) and 8.10(4)(b) due to there being exceptional circumstances, I permit payment of the Claimant’s reasonable and necessary legal costs incurred by the claimant in connection with the dispute outside the regulated amount prescribed in the Motor Accident Injuries Regulation.
Claims Assessor and Merit Reviewer
Dispute Resolution Services