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
|Insurer||QBE Insurance (Australia) Limited|
|Date of Accident||14 April 2018|
|Date of Internal Review||5 November 2018|
|DRS Claims Assessor||Philip Watson|
|Date of Decision||28 October 2019|
|Conference date and time||23 October 2019 at 10.00 am|
|Conference venue and location||Level 21, 1 Oxford Street, Darlinghurst|
|Attendances for Claimant||Mr M Nelson, Solicitor|
Mr M D, Witness (by telephone)
|Attendances for Insurer||Ms W Ismail, Solicitor|
Ms P, Witness (by telephone)
Mr P, Witness (by telephone)
The findings of the assessment of this dispute are as follows:
1. For the purposes of section 3.11 the motor accident was not caused mostly. by the fault of the injured person.
2. For the purposes of section 3.28 or 3.36 the motor accident was not caused mostly by the fault of the injured person.
3. Legal Costs and Expenses: The amount of the Claimant's costs and expenses assessed in accordance with the Motor Accident Injuries Regulation 2017 is $2,778.00 inclusive of GST.
A brief statement of my reasons for this determination are attached to this certificate.
DRS Claims Assessor
Dispute Resolution Services