Impact of this case
The Motor Accident Injuries Act 2017 (MAIA 2017) introduced a new system that provides for statutory benefits to an injured person in a motor vehicle accident no matter who was at fault.
The court in this case ruled that since Mr Singh was not at fault and because his injuries are non-minor, he should be entitled to statutory benefits after the initial 26 weeks.
Background
Mr Singh was injured when a truck he was driving overturned because the shipping container it was carrying had not been properly secured. The truck was loaded by other people before hit left the docks.
Mr Singh was not at fault in the accident. The CTP insurer stopped paying for Mr Singh’s statutory benefits after 26 weeks because it deemed he wholly caused the accident and was thus at fault. The insurer’s decision was disputed and a Claims Assessor determined that the motor vehicle accident was not Mr Sing’s fault. He was thus entitled to statutory benefits beyond 26 weeks because his injuries were non-minor.
Appeal to Supreme Court
The insurer appealed to the Supreme Court of NSW.
The Court held that the statutory benefits payable to a driver of a single vehicle accident who was not at fault should not cease after 26 weeks. Mr Singh argued that he was not at fault it was a “no fault motor accident” because it was caused by the fault of the person or persons who negligently loaded the container. The Court agreed.
The Court noted that Parliament needs to address the ambiguity in the MAIA 2017 in relation to a driver’s contribution to a no-fault accident to avoid “a spate of litigation generated by the obscurities of these provisions”.
This case show that motor vehicle accident cases can be complex due to the legislation and case law.
If you have been injured in a motor vehicle accident, we recommend that you consult Alliance Compensation and Litigation Lawyers for a free consultation today, book now or call 028764 1776.
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