When past aged care costs meet causation in CTP22 November 2021 | Insurance & Health Law
The 98 year old applicant was injured in an MVA and as a result was placed in residential aged care. In a case stated, the Court considered whether (and when) the applicant would have required residential aged care in any event, in a situation where the lion’s share of the applicant’s damages...
Personal Injury Commission - Pitfalls for Insurers and Claimants22 November 2021 | Insurance & Health Law
The NSW government’s press release described the creation of the PIC as, “A new one stop shop Personal Injury Commission to simplify the dispute resolution system for injured workers and road users”. However, it seems that there are many instances where the process is now more complex and...
Significant CTP Cases of 2021: NSW and ACT22 November 2021 | Insurance & Health Law
In 2021 there were several interesting CTP cases in the NSW and ACT jurisdictions and here four are selected covering procedure, negligence, contributory negligence, and causation. The case of Wahhab v Insurance Australia highlighted the importance of...
The court considers reasonable and appropriate rehabilitation services under the MAIA22 November 2021 | Insurance & Health Law
On 28 June 2018, Mr McIntyre (first applicant) and his wife, Ms Ho (second applicant), were involved in a high-speed head on motor vehicle accident (the accident). The applicants both sustained severe and multiple injuries. Their sons were also injured in...
Plaintiff successfully sues insurer for accident caused by stolen vehicle, despite credibility issues22 November 2021 | Insurance & Health Law
A plaintiff succeeded in a claim against the insurer for personal injuries sustained in a motor vehicle accident caused by a stolen vehicle, notwithstanding credibility issues. Background The plaintiff suffered injuries to his lower back and right...
Driver not liable in car v pedestrian22 November 2021 | Insurance & Health Law
A young boy suffered catastrophic head injuries in 2005 when he was hit by a car as he attempted to cross the road. Judgment was found in favour of the driver of the vehicle with the Court finding that the risk of a pedestrian suddenly running across the road on a collision course with an...