Insurance Australia Limited t/as NRMA Insurance v Schubert

[2023] NSWPIC 360

CERTIFICATE OF DETERMINATION OF MEMBER 

CITATION:

Insurance Australia Limited t/as NRMA Insurance v Schubert [2023] NSWPIC 360

CLAIMANT:

Rosemary Schubert

INSURER:

NRMA

MEMBER:

Hugh Macken

DATE OF DECISION:

17 July 2023

CATCHWORDS:

MOTOR ACCIDENTS - Motor Accident Injuries Act 2017; section 6.23; 50-year-old female; head on collision; fractured cervical spine; multiple rib fractures; fractured right tibia, fractured right thumb; pre-existing physical psychiatric disabilities; ongoing pain and discomfort; no paid employment previous 10 years; non-economic loss; Motor Accident Injuries Regulation 2017 section 7.37; Held – settlement approved.

DETERMINATIONS MADE:

CERTIFICATE

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 $250,000.

STATEMENT OF REASONS

INTRODUCTION

1. The claimant is a 50 year old woman who was seriously injured whilst a passenger in a motor vehicle which, on 6 June 2022, crossed onto the wrong side of the road and collided with a bus. The insurer has admitted breach of duty of care on the part of their insured driver with no allegation of contributory negligence.

2. The figure of the proposed resolution of $250,000 is, by agreement of both parties, compensation for non-economic loss.

3. I have no hesitation in approving this settlement.

Reasons

1. The claimant suffered significant injuries in the accident including a fracture to her cervical spine, multiple rib fractures, a fractured right tibia and a fractured right thumb.

2. The claimant has a long history of pre-existing physical and psychiatric disabilities such that she has been in receipt of Centrelink payments for the pre-existing disability for about 10 years.

3. The claimant confirmed at the assessment conference that she has not been in any paid employment for at least 10 years and, since that time has been dealing with significant physical and psychological difficulties.

4. The material, all 2830 pages of it, bears out the fairly severe pre-existing difficulties from which she was suffering. In particular she was suffering from left leg cellulitis, feet ulcers, epilepsy, seizures, significant abdominal problems, bipolar effective disorder, chronic hip pain, problems with the right knee, significant cervical spinal problems, carpal tunnel syndrome, and significant psychiatric problems.

5. Accordingly, I have no hesitation in accepting that there is no basis upon which any claim can be made for economic loss arising from the subject motor vehicle accident. Thus the only matter to be determined is whether a figure of $250,000 is reasonable compensation for non-economic loss.

6. Noting all the material in this matter, together with the somewhat inexact science behind assessment of non-economic loss, I approve this settlement. Indeed, I consider the figure of $250,000 to be “the higher end of the range”.

7. For the reasons above I have no hesitation in approving the settlement based on the documents signed by the parties.

Legislation

1. 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