QBE Insurance (Australia) Limited v Squires

[2023] NSWPIC 367

CERTIFICATE OF DETERMINATION OF MEMBER 

CITATION:

QBE Insurance (Australia) Limited v Squires [2023] NSWPIC 367

CLAIMANT:

David Squires

INSURER:

QBE

MEMBER:

Hugh Macken

DATE OF DECISION:

25 July 2023

CATCHWORDS:

MOTOR ACCIDENTS - Settlement approval; non-economic loss approved; future economic loss; loss of employer superannuation contributions; fractured right wrist requiring open reduction; pre-existing medical injuries including prior back surgery; Commonwealth employees consequent on Covid lockdown; 11% whole person impairment; Held – proposed settlement figure agreed between the parties; approval given; application of Motor Accident Injuries Regulation 2017 section 7.37; future time off for treatment for injuries caused in motor accident.

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 $350,000.

STATEMENT OF REASONS

INTRODUCTION

1. The claimant is a 59 year old man who was injured in a motor vehicle accident which occurred on 22 July 2020 when he was a front seat passenger in a car which ran off the road and collided with a tree. 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 $350,000 is, by agreement of both parties, compensation for non-economic loss in the sum of $300,000 and future economic loss, by way of a buffer, of $50,000 inclusive of any employer superannuation contributions.

3. I have no hesitation approving this settlement.

Reasons

1. The claimant suffered significant injuries in the accident including a fracture of his right wrist which required an open reduction and internal fixation, rib fractures and an injury to his left thigh.

2. The claimant did have some pre-existing medical issues including prior back surgery. He aggravated his back condition but has advised doctors now that it is much the same as it was prior to the accident.

3. The claimant confirmed at the assessment conference that at the time of the accident he was in receipt of Commonwealth payments to employees who were not working consequent on the Covid restrictions which were imposed at the time. He returned to his employment, as a car salesman about 12 weeks after the accident and he continues in this employment. He has advised he works 4 days per week and that his earnings vary noting a net salary of about $800 per week and then commissions of about $4,000 per month. The claimant has advised that he does not suffer any impaired earning capacity consequent on the motor vehicle accident.

4. The material bears out some ongoing problems associated with the motor vehicle accident noting that there was a finding of Dr C. Harrington in his report dated 9 July 2021 of an 11% whole person impairment. In my view compensation of $300,000 for non-economic loss can fairly be described as “at the higher end of the scale”. The buffer of $45,000, plus loss of superannuation benefits of about $5,000, fairly and completely takes into account any loss of earnings consequent on his post-accident disabilities. It may be that he could lose some time off work for treatment. Such a figure of $50,000 for future economic loss more than compensates for any possible loss of earnings which the claimant may suffer in the future.

5. Finally, it would be remiss not to make the observation that the claimant is a remarkably stoic individual who has dealt with significant injuries with optimism and strength. That he has recovered so quickly from the very significant injuries he suffered have such a small effect on him is a testament to his courage and character.

6. I have no hesitation in approving the proposed settlement figure and noting all the recitals in the proposed Deed of Release.

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