QBE Insurance (Australia) Limited v Ryan
[2023] NSWPIC 141
•28 March 2023
| CERTIFICATE OF DETERMINATION OF MEMBER | |
Citation: | QBE Insurance (Australia) Limited v Ryan [2023] NSWPIC 141 |
| Claimant: | The Late Robert Ryan |
| insurer: | QBE Insurance (Australia) Limited |
| Member: | Hugh Macken |
| DATE OF DECISION: | 28 March 2023 |
CATCHWORDS: | MOTOR ACCIDENTS - Motor Accident Injuries Act 2017; settlement approval issued under section 6.23; compensation to relatives claim; claimant fatally injured in a motor vehicle accident; nervous shock; financial support; domestic assistance; Held – the amount of the claim for damages is approved in the total amount of $86,237.25. |
| 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 $86,237.25. |
STATEMENT OF REASONS
INTRODUCTION
The claimant was fatally injured in a motor vehicle accident on 5 March 2021.
The claimant was married to the applicant who brings this claim as a compensation to relative’s action for economic support and the provision of domestic assistance.
The applicant is not represented by an Australian legal practitioner.
The applicant, in an email dated 1 February 2023, has advised that she will accept the offer of $86,237.45 clear of payments noting “this sum fits more with what I expected. I have decided to accept this offer.”
The applicant requests the Personal Injury Commission approve the proposed settlement.
Documents considered
I have considered all the documents together with the offer of settlement, Deed of Release and the schedule of damages.
Reasons
The applicant is the wife of the deceased claimant, who was 80 years old and a fit and active man at the time of his death in the subject accident. The claim is made up of past and future economic loss based on her reliance of his pension of $75 per week net. Additionally, there is a claim for past domestic assistance and future commercial care which makes up $59,688.00 of the proposed settlement. These figures are in addition to the funeral expenses which have already been paid by the insurer.
The applicant has displayed a good understanding of her rights and entitlements. The insurer has conducted itself in a timely, sensitive and equitable way. Noting the Late Robert Ryan was 80 years old and the applicant is 75 years old and the applicant continues to receive the age pension, I have no hesitation in approving the settlement of this matter.
The calculations of past economic loss, noting $75 per week, is reflective of the realities of the applicant’s circumstances. The allowance for voluntary past domestic assistance and a significant amount of future can be described as more than reasonable in the claimant’s domestic circumstances. This is reflective of the domestic assistance provided to the claimant’s widow, by the Late Robert Ryan, noting that he would have been 80 years old but also noting that he was in good health, active and attending to the domestic tasks around the home he shared with his wife.
10. The proposed settlement is just, fair and reasonable and at the higher end of the range of likely potential damages assessment were the claim to be assessed by the Commission taking into account both the claimant and the applicant’s age and provision of domestic assistance.
Legislation
11. 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
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