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  1. Witnesses and traffic history quash motorcyclist’s claim for damages

    3 May 2017 | Insurance & Health Law

    Motorcyclist fails in claim for damages for amputation injuries following collision with motor vehicle. In Issue The circumstances of a collision between and motor cycle and a vehicle at an intersection Background At about 9.30 am on 15 June 2013, Mr...

  2. Insurer not liable for catastrophic injuries of unlicensed driver

    2 May 2017 | Insurance & Health Law

    Insurer successfully avoids liability for catastrophic injuries by establishing that the negligent driver was the unlicensed teenage plaintiff and not his father. In Issue Whether the plaintiff was the driver of the vehicle at the time of the collision...

  3. NSWCA rules on liability evidence and contributory negligence in blameless motor accident case

    15 March 2017 | Insurance & Health Law

    NSW Court of Appeal upholds finding that plaintiff’s injuries were caused by being struck by an unidentified motor vehicle but that he was guilty of contributory negligence In Issue Whether the plaintiff's injuries were caused by him being...

  4. No blameless accident in NSW unless fault in owner’s use or operation of vehicle

    27 October 2016 | Insurance & Health Law

    In Issue Whether the blameless accident provisions in NSW apply to a driver involved in a single vehicle accident. Whether the driver is able to claim against the owner of the vehicle when the owner was not involved in the use or operation of the vehicle.

  5. Calculating the reduction of damages for a contributorily negligent plaintiff in a blameless accident

    27 October 2016 | Insurance & Health Law

    In Issue Consideration of the extent to which damages should be reduced for contributory negligence in a blameless accident. The Background At 1:40am on 14 August 2010, the appellant was walking along an unlit road when he was struck from behind by a car.

  6. Claimant must comply with request to attend MACA medical to continue claim

    25 October 2016 | Insurance & Health Law

    In Issue Whether an insurer may request a claimant undergo medical examination for purpose of determining eligibility to participate in Lifetime Care and Support Scheme. The Background On 18 October 2007, Mr Adilzada, the respondent driver, was injured in

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