Tombek v Insurance Australia Limited t/as NRMA Insurance
[2025] NSWPIC 501
•11 September 2025
| CERTIFICATE OF DETERMINATION OF MEMBER | |
| CITATION: | Tombek v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPIC 501 |
| CLAIMANT: | Suzan Tombek |
| INSURER: | Insurance Australia Limited t/as NRMA Limited |
| MEMBER: | Elyse White |
| DATE OF DECISION: | 11 September 2025 |
CATCHWORDS: | MOTOR ACCIDENTS - Motor Accident Injuries Act 2017; assessment of damages filed by the claimant; claimant’s legal representative filed a notice of ceasing to act; no evidence to support the claimant’s schedule of damages; the Commission made multiple attempts to contact the claimant including an attempt the morning of the conference; insurer submitted the application be dismissed; submission rejected as the member’s role is to assess damages; Held – no evidence to support the application for the assessment of damages; damages assessed in the sum of $0 pursuant to section 7.34. |
| DETERMINATIONS MADE: | CERTIFICATE 1. Pursuant to s 7.36 of the Motor Accident Injuries Act 2017 damages are assessed as $0. 2. There is no assessment of costs and disbursements. |
STATEMENT OF REASONS
INTRODUCTION
The claimant Ms Susan Tombek says she was injured in a motor vehicle accident on 24 August 2020.
Apart from a schedule of damages, the claimant has lodged no evidence to support the schedule of damages.
Her legal representatives filed a Notice of Ceasing to Act.
The claim was listed for an assessment conference on 2 September 2025
Insurance Australia Limited t/as NRMA Insurance (the insurer) has not uploaded a reply.
TELEPHONE CONFERENCES
On 8 July 2025 a preliminary telephone conference was held between the claimant’s legal representative, Ahmad Dawod and the insurer’s legal representative Isabella Gillam.
The parties informed me that in principle, a resolution had been reached on 21 or 22 May 2025.
However, the claimant’s legal representative advised me that the claimant had not been able to be located and asked for time to arrange for her to execute the settlement agreement.
I advised the parties until a Notice of Discontinuance is filed, the claim remains on foot. I advised my role was to assess damages.
It was agreed an assessment conference be listed for hearing on 28 July 2025 at 9.30am which was later deferred until 2 September 2025
NOTICE OF CEASING TO ACT
On 23 July 2025 the claimant’s legal representative filed in the Personal Injury Commission (the Commission) a Notice of Ceasing to Act (Notice).
Recorded in the Notice is the full name and address of the claimant, her mobile number and an email address.
ATTEMPTS TO CONTACT THE CLAIMANT
On 23 July 2025 the Disputes Officer (DO) in the Commission made a mobile telephone call to the claimant’s number recorded in the Notice. She left a message on the voice message on the mobile asked the claimant to make contact with the Commission.
On 23 July 2025 I drafted a letter which the DO discussed with the Division Head of the Motor Accident Division of the Commission.
The letter was approved by the Division Head, and the letter was posted on 23 July 2025 to the claimant’s address in Wagga Wagga via express post, tracking number -2 01012 9670630060 50994.
On 31 July 2025, the DO called the claimant on the mobile number and a further voice mail message requesting she contact the Commission.
On 14 August 2025, the DO called the claimant’s mobile leaving a message to make contact with the Commission. On the same day, the insurer advised the Commission a further mobile number for the claimant’s daughter Isabella. A message was left on this number to contact the Commission.
On 21 August 2025, the Do called the claimant’s mobile and left a further message requesting she contact the Commission.
On 29 August 2025 the DO called the claimant and left a further message to contact the Commission. The insurer gave the DO an email address for the claimant. An email message was conveyed to this email address advising of the assessment conference details and requesting she contact the Commission.
On 2 September 2025, during the video assessment conference with me and the insurer, the DO called the claimant’s mobile number and left a message to contact the Commission.
I am satisfied every avenue has been exhausted to make contact with the claimant and to give her every opportunity to contact the Commission and join the assessment conference.
ISSUE IN DISPUTE
The following issue is in dispute: -
(a) Is Ms Tombek entitled to damages for her accident-related injuries?
Is Ms Tombek entitled to damages for her accident-related injuries?
My role is to assess the claimant damages as a result of alleged injuries sustained in the subject accident.
As discussed above, the only material filed for the claimant is a document with the heading “Claimant’s Summary of Damages”.
Contained in in this document is a claim for past economic loss, past superannuation loss, future economic loss with amounts after each sub-heading.
This is the only document on which I have to assess damages.
Without evidence, I am unable to assess any loss or damage.
DISMISSAL
The insurer made an oral submission during the assessment conference that I should dismiss the claim on grounds of s 54 of the Personal Injury Commission Act 2020 (PIC Act): -
The Commission may at any stage dismiss proceedings before it –
(a) if it is satisfied that the proceedings have been abandoned, or
(b) if it is satisfied that the proceedings are frivolous or vexatious or otherwise misconceived of lacking in substance, or
(c) for any other ground of dismissal specified in the Commission rules.
Personal Injury Commission Rules (PIC Rules) provides for grounds for dismissal as follows:
Rule 77(b): -
ii) the applicant has failed, without reasonable excuse, to comply with a direction given by the Commission or the President
iii) the applicant has failed to prosecute the proceedings with due despatch.
The insurer has submitted the claim should be dismissed.
I disagree. My role is to assess damages.
ASSESSMENT OF DAMAGES
With no evidence to support her claim for damages no damages can be awarded.
I assess damages in the sum of $0. There is no claim for costs and disbursements.
CONCLUSION
Pursuant to s 7.36 of the Motor Accident Injuries Act 2017 damages are assessed as $0.
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