|NSW DISPUTE RESOLUTION SERVICE (NSWDRS)|
Whether claim is exempt from assessment – person under a legal incapacity
Motor Accident Injuries Act 2017 (NSW) section 7.34(1)(a)|
Motor Accident Injuries Regulation 2017, clause 14(a)
Motor Accident Guidelines 2017 clause 7.453.1
AGR – Claimant
Allianz – Insurer
|Disclaimer||This decision has been edited to remove all Unique Personal Identification including the name of the Claimant.|
Certificate of Exemption
|Owner||XXX Motor Service Pty Ltd|
|Date of claim||7 August 2018|
1. The documents I have considered are those listed in, and attached to, the application and the reply provided by the parties.
2. This claim is exempt from assessment because the Claimant is a person under a legal incapacity. The form and the material attached to the form indicate that the Claimant is “an incommunicate person, being a person who has such a physical or mental disability that he or she is unable to receive communications, or express his or her will, with respect to his or her property or affairs”.
3. In a medical statement dated 19 August 2019, Dr Gregory Vickers indicated that the Claimant “is no longer capable of looking after her affairs, or making sustained logical decisions due to her medical condition”.
4. In the reply lodged with the Dispute Resolution Service (DRS) the Insurer agrees with the information set out in the application form and indicates that it agrees to this claim being exempted.
5. This claim is exempt under s 7.34(1)(a) of the Act because it satisfies clause 14(a) of the Motor Accident Regulations 2017.
Dispute Resolution Services
Delegate of the State Insurance Regulatory Authority