AAI Limited t/as AAMI v Chandley

[2023] NSWPIC 640

CERTIFICATE OF DETERMINATION OF MEMBER 

CITATION:

AAI Limited t/as AAMI v Chandley [2023] NSWPIC 640

CLAIMANT:

Jasmine Chandley

INSURER:

AAMI

MEMBER:

Hugh Macken

DATE OF DECISION:

28 November 2023

CATCHWORDS:

MOTOR ACCIDENTS - Motor Accident Injuries Act 2017; settlement approval; claim for damages; significant dental injuries; extraction of three teeth; fibre construction; root canal treatment; trauma and anxiety; future economic loss; possibility of time off work; claimant’s desire to resolve; Held – settlement approved.

DETERMINATIONS MADE:

CERTIFICATE

SETTLEMENT APPROVAL

Issued under s 6.23 of the Motor Accident Injuries Act 2017

The amount of the claim for damages is approved in the total amount of $10,000.

STATEMENT OF REASONS

INTRODUCTION

1. Jasmine Chandley (the claimant) is a 25-year-old woman who suffered very significant dental injuries in an accident which occurred on 8 September 2020. She was a passenger in a vehicle which was riding down sand dunes at Stockton Beach when she was thrown forward and struck her mouth on the dashboard of the car and suffered very significant dental injuries and lacerations to her teeth. Following the accident she complained of swelling to the right face and attended John Hunter Hospital where stitches to her mouth were inserted. She was given pain relief, referred for dental treatment and discharged. Since that time she has undergone very significant dental treatment and was subsequently diagnosed with a fracture to the right maxilla. The dental treatment has included debriding of teeth, drainage of an abscess to the right maxilla, splinting of her teeth, extraction of three teeth, bite restructuring through aligners, root canal treatment and endodontic treatment to preserve and re-align her teeth.

2. Not surprisingly she has developed some trauma and anxiety around her dental injuries, concerns about scarring and some trauma associated with the accident. She is currently seeing a psychologist who is assisting her to deal with these issues.

3. The claimant has indicated that there may be some ongoing dental treatment but her teeth are currently stable. Whilst she continues to see a psychologist, with whom she is happy, she is working through issues relating to the trauma of the accident. She has stressed that this is not effecting her relationships or her employment as a hospitality manager in a Newcastle restaurant.

4. She is on a salary of about $80,000 per annum and has not lost any time off work as a result of the treatment she has required to date.

5. At the assessment conference all these matters were ventilated extensively and the claimant indicated that the proposed settlement figure of $10,000, without any reduction for statutory payments, is her desired outcome of this matter.

6. She understands that compensation is limited to future economic loss to cover the possibility of time off work or a reduction in earning capacity consequent on time taken for further treatment.

7. The claimant is aware that ongoing treatment, particularly the dental treatment, will continue for so long as it is considered reasonable and necessary. She has expressed a very firm desire to resolve this matter. Noting that there is very limited material to support any contention of an impaired earning capacity such as to give rise to an allowance for future economic loss I have no hesitation in approving the settlement of this matter in the sum of $10,000.

Legislation

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

   ·        Motor Accident Injuries Act 2017, s 6.23 (3), and

   ·        Motor Accident Injuries Regulation 2017, s 7.37.