| CERTIFICATE OF DETERMINATION OF MEMBER | |
CITATION: | Carulli v Allianz [2021] NSWPIC 425 |
| CLAIMANT: | Anthony Carulli |
| INSURER: | Allianz |
| MEMBER: | Terence Stern |
| DATE OF DECISION: | 29 September 2021 |
| CATCHWORDS: | MOTOR ACCIDENTS - Mostly at fault decision; Held - not caused mostly by the fault of the injured person; lane filtering; claimant travelling under 30 kph; dispute as to excessive speed; regulation 151A of the Road Rules 2014. |
| DETERMINATIONS MADE: | 1. For the purposes of section 3.11 or section 3.28(2) the motor accident was not caused mostly by the fault of the injured person; 2. Effective Date: This determination takes effect on 29 September 2021. 3. Legal Costs: The amount of the Claimant’s costs assessed in accordance with the Motor Accident Injuries Regulation 2017 and the Personal Injury Commission Regulation 2020 is $1826.18 inclusive of GST. 4. A brief statement of my reasons for this determination are attached to this certificate. |
REASONS FOR DECISION
ISSUED UNDER SECTION 7.36(5) OF THE MOTOR ACCIDENT INJURIES ACT 2017
BACKGROUND
At about 6:05pm on 28 August 2020 Anthony Carulli (the Claimant) was riding a motorcycle, a white Harley Davidson V-Rod registration BXD6, travelling from his workplace to his home in conditions of good visibility on the M-1 motorway near River Road, Revesby, in conditions of heavy traffic at peak hour when his motorcycle came into collision with the insured vehicle, a white Ford Ranger Utility registration DXV23S driven by one David Norman Hickey.
As a result of the collision the Claimant sustained injuries which are agreed were not minor.
The issue in dispute is that the Insurer has determined the Claimant was wholly at fault which the Claimant disputes.
CHRONOLOGY
I briefly set out the chronology:
10 August 1978 Birth of Claimant 28 August 2020 at 6:05 pm Subject accident 31 August 2020 Claimant’s Application for personal injury benefits 27 January 2021 Certificate of Determination of the Insurer that the Claimant was wholly at fault for the accident 31 March 2021 Determination on Internal Review maintaining that the Claimant was wholly at fault.
EVIDENCE
Statement of the Claimant 1 October 2020
The Claimant provided a Statement to David O’Neill on 1 October 2020 which I briefly summarise by reference to paragraph numbers where relevant to my determination:
[20] At about 6:05pm 28 August 2020 – subject accident.
[21] Was riding a Harley Davidson motorcycle.
[26] Was travelling from workplace to home.
[28] His view was clear.
[31] Was not feeling tired.
[32] Conditions were fine. The road was dry.
[33] The visibility was good. The sun was setting but had not fully set.
[34] At the location of the accident the M-5 runs east-west, and the closest side street was River Road, Revesby. At the occasion of the collision the M5 has three lanes in each direction marked by single broken lines.
[37] The speed limit is 100 kph.
[38] The roadway where the collision occurred was bitumen sealed, straight and flat.
[39] Very familiar with the roadway where the collision occurred.
[40] Traffic was dense,…
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- AGLC
- Carulli v Allianz [2021] NSWPIC 425
- Case
- [2021] NSWPIC 425
- Decision Date
CaseChat Overview and Summary
The court had to examine the evidence and arguments presented by both parties to ascertain the extent of fault attributable to each driver. A key point of contention was the application of regulation 151A of the Road Rules 2014, which deals with lane filtering and sets conditions under which a motorcycle rider may filter through stationary or slow-moving traffic. The court considered the circumstances of the accident, the speed at which the plaintiff was travelling, and whether this complied with the regulatory speed limit for lane filtering. Additionally, the court had to weigh the evidence regarding the speed of the plaintiff's motorcycle and whether it was excessive in the given traffic conditions.
The court found that the accident was not predominantly caused by the plaintiff's fault. It determined that the plaintiff was lane filtering at a speed under 30 kph, which was permissible under regulation 151A. The court held that there was no evidence to suggest the plaintiff was driving excessively fast for the conditions, and hence, the defendant's contention of excessive speed was not substantiated. The court concluded that the primary cause of the accident was the defendant's failure to maintain a proper lookout, which absolved Allianz of any liability to pay damages to the plaintiff.
The court ordered that Allianz was not liable to pay any damages to the plaintiff. The plaintiff's claim was dismissed in its entirety.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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