- Liability for statutory benefits can be denied if the claimant is wholly or mostly at fault.
- Decisions about fault require consideration of the provisions of the Civil Liability Act 2002 (NSW).
- The recent case of AAMI v Singh has shed light on liability decisions under the MAI Act.
As readers would be aware, the Motor Accident Injuries Act 2017 (‘MAI Act’) provides two broad categories of claims which may be made by someone who was injured in a car accident in NSW on or after 1 December 2017:
- Claims for defined statutory benefits (income, treatment and care)
- Claims for lump sum damages (non-economic loss and limited economic losses).
In light of a recent Supreme Court decision, this article will focus on some of the liability issues that arise in claims for statutory benefits, specifically issues about fault.