AAI Limited t/as AAMI v Bakouris Summary

CERTIFICATE OF DETERMINATION OF MEMBER
Citation:	AAI Limited t/as AAMI v Bakouris [2022] NSWPIC 703
Claimant:	Stella Bakouris
insurer:	AAI Limited t/as AAMI
Member:	Hugh Macken
DATE OF DECISION:	7 December 2022
CATCHWORDS:	MOTOR ACCIDENTS - Settlement approval; future economic loss; claimant’s consent; diminution of earnings; Held – the amount of the claim for damages is approved in the total amount of $11,800.
determinations made:	SETTLEMENT APPROVAL Issued under section 6.23 of the Motor Accident Injuries Act 2017 The amount of the claim for damages is approved in the total amount of $11,800.

STATEMENT OF REASONS

BACKGROUND

The claimant was injured when she was thrown forward from her seat whilst travelling on a bus. That is, she was pushed against the metal bar of the metal luggage holder and suffered an injury across her chest and to her hands and wrists. She was very sore and quite debilitated for a period after the accident.
The claimant is not represented by an Australian Legal Practitioner.
The claimant has confirmed that she wishes the settlement of $11,800 to be approved noting that there are no deductions to be made.
The figure has come to by making an allowance of $1,800 for any past economic loss and a buffer of $10,000 for any future economic loss.

DOCUMENTS CONSIDERED

I have considered the documents provided in the application and the reply and any further information provided by the parties at the preliminary conference.

REASONS

The claimant is a 58 year old woman who works as an executive assistant at Arrowmax. The accident occurred on 3 September and she was able to return to work on Monday 7 September. The allowance of $1,800 for past economic loss is roughly an allowance of about a weeks’ pay consequent on any sequalae of the motor vehicle accident.
The claimant has confirmed, as the medical material and report of Dr Sekel dated 30 September 2022, that she does not suffer any ongoing disability. The severe injuries to her chest have recovered and she confirmed at the assessment conference that she suffers no ongoing physical sequelae.
The claimant did state, and it is understandably so, that she is quite anxious around travelling on buses. She is angry about the manner in which the accident occurred, but she agrees that the proposed settlement figure is fair in the circumstance and she was emphatic that she wished the proposed settlement between the parties to be approved.
Having considered the totality of the medical material, the report of Dr Sekel and the claimant’s treating GP notes, as well as the fact that the insurer increased the allowance of future economic loss from $5,000 to $10,000 following discussions with the clamant, I have no hesitation in approving this settlement. It could fairly be described as being a figure at “higher end of the range” noting any absent ongoing sequelae it would have been arguable that no allowance ought to have been made for future economic loss.

Legislation

In making my decision I have considered the following legislation and guidelines:

· Motor Accident Injuries Act 2017 (NSW) (“the Act”)

AAI Limited trading as AAMI brought an application for approval of a settlement amount against Bakouris, who had been involved in a motor accident. The dispute centred around the quantum of damages to be awarded for future economic loss. The matter was heard in the New South Wales Civil and Administrative Tribunal (NCAT).

The central legal issues for the tribunal to decide were the appropriateness of the settlement amount and whether it adequately compensated the claimant for his future economic loss. The tribunal also had to consider whether the claimant had provided his informed consent to the settlement and if the amount was commensurate with the diminution of his future earnings.

The NCAT approved the settlement amount of $11,800, finding that it was a fair and reasonable sum. The tribunal was satisfied that the claimant had given his informed consent to the settlement and that the amount reflected the extent of his future economic loss. The tribunal considered that the amount appropriately compensated the claimant for the diminution of his future earnings, taking into account the nature and extent of his injuries and the impact on his earning capacity.

The tribunal ordered that the settlement amount of $11,800 be approved and that the claimant's entitlement to damages for future economic loss be satisfied by that amount.

AAI Limited t/as AAMI v Bakouris

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established