Evans v QBE Insurance (Australia) Limited

[2022] NSWPIC 583

CERTIFICATE OF DETERMINATION OF MEMBER 

Citation:

Evans v QBE Insurance (Australia) Limited [2022] NSWPIC 583

Claimant:

Melissa Evans

insurer:

QBE Insurance (Australia) Limited

Member:

Hugh Macken

DATE OF DECISION:

12 October 2022

CATCHWORDS:

MOTOR ACCIDENTS - Non-economic loss; future economic loss; settlement approval; dispute resolution; Held – the amount of the claim for damages is approved in the total amount of $266,755.57. 

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 $266,755.57.

BACKGROUND

1. The claimant suffered injuries to her cervical and lumbar spine in a motor vehicle accident on 23 September 2019. She was a passenger in a vehicle in which the driver lost control left the road ending up in a ditch. She was taken to hospital where she spent a week in hospital and investigations revealed fractures to her cervical, thoracic and lumbar region.
2. The claimant is not represented by an Australian Legal Practitioner.
3. The claimant has confirmed in correspondence and at the teleconference that she wishes to accept the sum of $266,755.57 which, after deductions of the statutory payments by the insurer, will leave her $253.359.65 which is made up primarily of agreed non-economic loss of $250,000.
4. Both parties confirm the calculations in respect to past economic loss are correct. I agree with the parties that an appropriate figure for non-economic loss is $250,000. The only matter that required any further investigation was that relating to a finding that there was to be no allowance for any future economic loss.

DOCUMENTS CONSIDERED

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

REASONS

6. The claimant is a 45-year-old librarian who currently chooses to work 22 hours per week at the Lismore Base Hospital Library. At the time of the accident she was employed at the Gold Coast Council Library. She has changed jobs to remove the requirement to cross the Queensland border for work, so as to work in a smaller work environment and to facilitate working only 22 hours per week so that she has time available to attend to the needs of her two children.
7. At the teleconference the claimant confirmed that she does not anticipate any ongoing difficulties with work consequent on the injuries sustained in the accident. She has not attended a doctor for about 12 months. She has not lost any time off work consequent on the injuries sustained in the accident since commencing her employment at Lismore Base Hospital in February 2022. She agrees with the medical opinion of Dr J. Clayton outlined in his report of 16 May 2022 that there is unlikely to be any significant deterioration and, while she has intermittent minor symptoms these are not likely to cause any interference with her work as a librarian.
8. In her current role her salary is slightly higher than that which she earned at the time of the accident. The work that she is required to undertake is less physically demanding of that which she was undertaking at the time of the accident. She confirmed that should circumstances lead to a change of her employment whilst obtaining work as a librarian may be difficult (due to scarcity of work not post-accident disabilities) she is confident that she would be able to find alternative administrative work in any event.
9. There is no material to suggest, nor has the claimant expressed any concerns, that her most likely future circumstances, but for the injuries, have changed as a consequence of any post-accident disabilities.
10. In all the circumstances I agree that the settlement is appropriate and I approve this settlement.

LEGISLATION

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

·Motor Accident Injuries Act2017 (NSW) (“the Act”)