Mammone v Insurance Australia Limited t/as NRMA

In the matter of Mammone v Insurance Australia Limited t/as NRMA, the parties were involved in a dispute concerning a motor accident claim for damages. The respondent insurer was alleged to have failed to settle the claim before it was referred to the Personal Injury Commission for assessment. The case was heard in the District Court of New South Wales. The primary legal issue before the court was whether the claimant had complied with section 7.32(3) of the Motor Accident Injuries Act 2017 (MAI Act) by using her best endeavours to settle the claim before referring it for assessment.

The court considered the meaning of “best endeavours” in the context of the MAI Act and the claimant's actions in the present case. It was established that the claimant submitted her claim for damages on the same day she referred the claim to the Personal Injury Commission without providing any particulars or evidence. Additionally, no offer of settlement was made or invitation to engage in settlement discussions. The court held that the claimant had not used her best endeavours to settle the claim before referring it for assessment, as required by section 7.32(3) of the MAI Act. Consequently, the court dismissed the proceedings in accordance with section 54 of the Personal Injury Commission Act 2020.