Allianz Australia Insurance Limited v Evans

[2023] NSWPIC 58

CERTIFICATE OF DETERMINATION OF MEMBER 

Citation:

Allianz Australia Insurance Limited v Evans [2023] NSWPIC 58

Claimant:

Lauren Evans

insurer:

Allianz Australia Insurance Limited

Member:

Hugh Macken

DATE OF DECISION:

19 January 2023

CATCHWORDS:

MOTOR ACCIDENTS - Motor Accident Injuries Act 2017; settlement approval; section 6.23; future economic loss; non-economic loss; most likely future circumstances; 16 weeks pregnant; no harm to unborn child; Held – claim for damages approved.

determinations made:

SETTLEMENT APPROVAL

Issued under section 6.23 of the Motor Accident Injuries Act 2017

1.   The amount of the claim for the damages is approved in the total amount of $14,084.00

STATEMENT OF REASONS

BACKGROUND

1. The claimant was injured in a motor vehicle accident on 19 August 2020 when the vehicle she was driving was struck by the insured’s vehicle which was pulling out from a side street. She suffered a radial neck fracture to her right arm. As she was 16 weeks pregnant at the time of the accident she was taken to hospital and, thankfully, there was no harm to her unborn child who has since been born and is, by all accounts a happy and healthy child.
2. The claimant was a primary school teacher at the time of the accident and has, following the birth of her child, returned to primary school teaching on a part time basis. Notwithstanding that she suffered a fracture to her right arm she has basically completely recovered.
3. She has received passive sling treatment consequent on the fracture and has undertaken a significant amount of physiotherapy. The last physiotherapy treatment she had was in May 2022. Since that time she has confirmed that she has received no treatment nor has she been left with any pain sufficient to warrant pain relief medication.
4. At the assessment conference she confirmed that she does occasionally experience some discomfort, particularly after holding her child for prolonged periods of time but that it does not affect any other aspects of her day-to-day activity.

REASONS

5. The calculation of damages includes the sum of $2,739.24 being payments for past wage loss including tax on these payments, which have been made by the insurer. This gives rise to a payment to the claimant of $11,344.76 which takes into account what was suggested as 6 weeks off work together with an allowance loosely based on 2 weeks off per year for about 5 years to manage any flareups together with an allowance for employer’s superannuation contribution.
6. The claimant has indicated that she is very happy to accept this figure. She has not been receiving any treatment nor required any pain relief medication. She has returned to work 3 days per week as a relief teacher and is able to undertake all her pre-injury work activities without restrictions.
7. Noting the medical material provided in this matter, the prognosis that the undisplaced fracture has healed well, the claimant’s contention that she is not troubled in any way other than very occasional discomfort and noting the allowance made by the insurer for both past economic loss which would seem to exceed the time take off by the claimant and an allowance for future economic loss which would take into account absolutely any contingency or loss likely to be suffered by the claimant I have no hesitation in approving the proposed settlement. The proposed settlement is just, fair, reasonable and within the range of likely potential damages assessment for the claim were it to be assessed by the Commission taking into account the nature and extent of the claim and the injuries, noting no ongoing disabilities, impairments or losses which are likely to be sustained by the claimant.

LEGISLATION

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

·Motor Accident Injuries Act2017, Section 6.23 (3)

·Motor Accident Injuries Regulation 2017, Section 7.37