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AGR v Allianz Australia Insurance Ltd [2019] NSWDRS CA 176

NSW DISPUTE RESOLUTION SERVICE (NSWDRS)
Jurisdiction Claims Assessment
Catchwords

Whether claim is exempt from assessment – person under a legal incapacity

Legislation cited 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
Cases cited N/A
Text cited N/A
Parties 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

Background

Owner XXX Motor Service Pty Ltd
Driver MP
Registration123ABC
Date of claim 7 August 2018

Documents considered

1.   The documents I have considered are those listed in, and attached to, the application and the reply provided by the parties.

Reasons

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.

Emma Toohey
Claims Assessor
Dispute Resolution Services
Delegate of the State Insurance Regulatory Authority