New CTP Scheme is heating up! - Law Partners

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New CTP Scheme is heating up!

It’s been just over a year since the introduction of the new CTP scheme and we are starting to see interesting facts and cases thrown up for determination.

One such matter involved Mr Guljinder Singh who was driving a truck loaded by a third party when the truck rolled as he was turning a corner. As a result of the truck rolling, he was seriously injured. There is no suggestion by the Plaintiff that the injuries suffered by the First Defendant were as a result of any actual negligence in the driving of the truck.

And there were no other vehicles involved in the accident.

A claim for statutory benefits was lodged on GIO being the insurer of the truck that Mr Singh was driving. GIO initially accepted liability for statutory payments but declined liability to pay beyond six months.

Mr Singh, who was self-represented at the time, proceeded to have the decision referred to Dispute Resolution Service. Throughout the process, the reason for declining liability had varied over time. The Insurer has communicated to Mr Singh:

a. He was wholly at fault (original decision)

b. His accident might be a no-fault accident and therefore he may be deemed to be at fault (internal review decision)

c. His accident is not a no-fault accident (first submissions)

d. His accident is a no-fault accident (further submissions and final submissions)

Following submissions, the DRS assessor found:

  1. For the purposes of section 3.11 of the Act, the motor accident was not caused by the fault of Mr Singh.
  2. For the purposes of section 3.28 of the Act, the motor accident was not caused by the fault of Mr Singh.

The assessor went on to find that GIO cannot terminate Mr Singh’s statutory benefits and that he should have those benefits reinstated.

Following the decision, GIO filed a Summons in the Supreme Court of New South Wales seeking relief by way of administrative review. The matter has been listed for hearing in the near future. Watch this space for further updates once the decision is handed down.

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