Motor accident

• Figuring out who the ‘relevant insurer’ is under the Motor Accident Injuries Act in NSW

  30th Apr 2020

  With the introduction of the concept of a 'relevant insurer' in the Motor Accident Injuries Act 2017 (NSW), a claimant must lodge one claim form with one insurer only when claiming statutory benefits. In this article, Belinda Cassidy, Special Counsel at Stacks Goudkamp, explores the difficulties that arise in working out who the 'relevant insurer' is in multi-vehicle accidents and their effect on the flow of statutory benefits to injured persons, particularly self-represented claimants. Belinda urges SIRA to publish arrangements it has approved between insurers for the determination of which insurer will accept a claim for statutory benefits and be the relevant insurer in respect of the claim.

• Investigation reports and litigation privilege in motor vehicle accidents: Douglas v Morgan [2019] SASCFC 76

  15th Aug 2019

  Natasha Budimski outlines the recent Supreme Court of SA decision Douglas v Morgan & Ors. This case directly challenged the ability of CTP insurers to assert legal professional privilege over investigation reports obtained early on in a motor vehicle accident claim, and ultimately make determinations on liability based on those reports.

• Drivers lose out in insurance shake-up

  18th Jul 2019

  The SA State Government’s recent rejection of a number of recommendations made by a parliamentary review into SA’s compulsory third party (CTP) scheme is bad news for injured motorists.

• Lawyers urge SA government to implement fairer compensation scheme for injured motorists

  13th Mar 2019

  Lawyers in SA are calling on the state government to urgently adopt recommendations that will provide fairer compensation to people injured in car accidents.

• Injured drivers will not be fairly compensated under proposed ACT MAI Bill

  1st Nov 2018

  The proposed ACT Motor Accidents Insurance (MAI) Bill will not provide proper compensation to injured motorists and will shift the balance of power in favour of the insurers, says the Australian Lawyers Alliance (ALA).

• Expert evidence: Traffic accident reconstruction reports and physical observations

  16th Oct 2018

  David Cormack discusses the decision and reasoning in the recent case of Brown v Daniels & Anor [2018] QSC 209.