Insurance Australia Limited t/as NRMA Insurance v Marrison - [2023] NSWPIC 471

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Insurance Australia Limited t/as NRMA Insurance v Marrison [2023] NSWPIC 471
CLAIMANT:	Joel Daniel Marrison
INSURER:	IAG Limited trading as NRMA Insurance
MEMBER:	Alexander Bolton
DATE OF DECISION:	1 September 2023
CATCHWORDS:	MOTOR ACCIDENTS - This was a settlement approval of $300,000 for damages following an accident on 6 May 2020; the claimant is a serving officer with the Royal Australian Navy; the claimant was riding home from work when a collision occurred with the insured car causing a L4 compression fracture of his vertebra; liability was admitted by the insurer; the claimant had suffered microfractures to his T1, T2, T3, T6 and T9 vertebrae on 6 May 2020 in a mountain bike accident but these injuries were not made worse as a result of the accident; because of the injuries suffered by the claimant he was unable to undertake a sea posting and because of this, and also family circumstances, this will continue for the remainder of the claimant’s service; Held – that the offer of settlement was satisfactory and was approved.
DETERMINATIONS MADE:	CERTIFICATE 1. This proposed settlement is approved. 2. The proposed settlement is approved under s 6.23(2)(b) of the *Motor Accident Injuries Act 2017. 3. The proposed settlement complies with* clause 7.392 to clause 7.411 of the Motor Accident Guidelines 2017

STATEMENT OF REASONS

INTRODUCTION

This is a claim for damages made by Lieutenant Commander (Lt Cmdr) Marrison (the claimant) which comes before me for approval. Lt Cmdr Marrison is not represented by an Australian legal practitioner.
Lt Cmdr Marrison was injured in a relatively low-speed motor vehicle accident on 23 June 2020 when he was riding his elite pushbike. He was riding his bicycle home from work and was stopped at an intersection with one foot on the ground and the other locked in his cleats/pedal. The insured driver was turning into the road where Lt Cmdr Marrison had stopped. The driver said that the sun was in her eyes she did not see the claimant. A collision occurred, knocking him off his bike. This elite bike was not able to be repaired.
As a result of the accident, Lt Cmdr Marrison suffered a compression fracture of his L4 vertebra.
Approximately six weeks before this accident, on 6 May 2020, the claimant suffered an injury in riding his mountain bike. On that occasion he went over the handlebars of his bike and landed on his back. He suffered compression fractures of the T9 and T11 vertebrae. In his claim form, it was noted that there were micro fractures of the T1, T2, T3, T6 and T9 vertebrae.
At the time of the accident, Lt Cmdr Marrison was, and still is, an officer serving in the Royal Australian Navy.

Legislative framework

The Personal Injury Commission (Commission) was established on 1 March 2021 and the Dispute Resolution Service (DRS) was abolished by cl 3 of Part 2, Schedule 1 to the Personal Injury Commission Act 2020. I am a…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

AGLC: Insurance Australia Limited t/as NRMA Insurance v Marrison [2023] NSWPIC 471
Case: [2023] NSWPIC 471
Decision Date: 1 September 2023

CaseChat Overview and Summary

In the case of Insurance Australia Limited trading as NRMA Insurance versus Marrison, the Court was tasked with considering the approval of a settlement offer of $300,000 for damages following a motor accident that occurred on 6 May 2020. The claimant, a serving officer with the Royal Australian Navy, was riding home from work when a collision occurred with a vehicle insured by NRMA Insurance, causing a L4 compression fracture to his vertebra. Liability for the accident was admitted by the insurer. The claimant had also suffered microfractures to his T1, T2, T3, T6 and T9 vertebrae in a mountain bike accident on the same day, though these injuries were not exacerbated by the collision in question.

The central legal issues before the Court were whether the settlement offer of $300,000 was fair and reasonable in all the circumstances and whether it adequately compensated the claimant for the injuries and damages suffered. The Court needed to weigh the extent and impact of the injuries on the claimant’s ability to perform his duties, as well as the broader implications for his career and family circumstances.

In delivering its decision, the Court took into account the nature and extent of the injuries sustained by the claimant, the impact of those injuries on his ability to serve in the Navy, and the broader consequences for his career and family life. The Court noted that, while the claimant had suffered injuries from a separate incident on the same day, these injuries were not aggravated by the accident with the NRMA-insured vehicle. The claimant’s inability to undertake a sea posting, and the anticipated continuation of this limitation for the remainder of his service, was a significant factor in the Court's consideration. The Court concluded that the settlement offer of $300,000 was satisfactory and approved the settlement.

The Court's final orders included the approval of the settlement offer of $300,000, which was deemed to be a fair and reasonable compensation for the injuries and damages suffered by the claimant in the motor accident.

Orders