Knowledge

Motor Vehicle Accident Claims- Time limits for referring claims for damages assessment

Claims for damages must be referred to the PIC within three years of the date of the MVA. If not, a claimant is required to provide a full and satisfactory exposure for the delay. We discussed below a recent case in the PIC concerning a late claim. Under the Motor accident Injuries Act 2017 (MAI

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Am I entitled to receive weekly benefit if injured in motor vehicle accident

In NSW the Motor Accident Injuries Act 2017 (the MAIA Act) is the legislation that covers the statutory benefits that are payable to those injured in a motor vehicle accident. If you are unable to work because of your injuries caused by the vehicle accident, you will receive statutory weekly benefits from the CTP insurer

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Who is the relevant insurer in Motor Vehicle Accident Claims

Pursuant to the Motor Accident Injuries Act 2017 (“MAI Act”), notice must be given to the relevant insurer when making a claim for statutory benefits.  A common question that arises, is, who is the relevant insurer? If you are making a claim for statutory benefits, or a common law claim, following a motor vehicle accident,

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Case Study: Cannabis Oil as a Reasonable Medical Treatment

Claiming Cannabis Oil As A Reasonable Medical Treatment Under The NSW Workers Compensation Legislation  In a recent case determined in the Workers Compensation Commission (WCC), a worker sought to claim the costs of medicinal cannabis oil treatment as a necessary medical expense caused by his injuries in a work-related incident. Determined on the papers by

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The Correct Test of Causation in Personal Injury – A Case Study

Welcome to a new world! Now go back to your reality! Findlater v Insurance Australia Limited t/as NRMA Insurance [2020] NSWSC 1407 – Harrison AsJ – 14/10/2020. 1.  On 22/01/2014, the claimant was injured in a motor cycle accident (MVA).  The insurer admitted fault for the MVA.  The claimant sought judicial review to set aside

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