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AMENDMENTS TO THE MOTOR ACCIDENT INJURIES ACT (NSW) 2017 TO COMMENCE ON 1 APRIL 2023
UNDERSTAND THE 1 APRIL 2023 CHANGES AND HOW THEY IMPACT YOU IF YOU ARE INJURED IN A MOTOR VEHICLE ACCIDENT.
The New South Wales State Government has amended the Motor Accident Injuries Act 2017 following a statutory review of the scheme. The following are the significant changes: –
CHANGES TO THE NEW SOUTH WALES MOTOR ACCIDENT INJURIES ACT 2017 ARE EFFECTIVE FROM 1 APRIL 2023
- The “minor injury” term has been replaced with the new term “threshold injury”.This is essentially a rebranding of the characterisation of injuries as “minor” or “non-minor”. The definition remains unchanged however, it is now known as a “threshold injury”.
- Regardless of fault or threshold injury, claimants will now receive statutory benefits of weekly payments and medical expenses for up to 52 weeks instead of the previous 26 weeks. This amendment commences on 1 April 2023 and will only apply to accidents that occur after that date.
- The insurer’s decision on “threshold injury” is now due nine (9) months after the claim is lodged, not the current three (3) months. This only applies to accidents that occur on or after 1 April 2023.
- In relation to whole-person impairment disputes, the claimant is no longer required to seek an internal review from the insurer before referring the matter to the Personal Injury Commission.
- Claimants are no longer required to wait 20 months before making a common law claim.
- Claimants are no longer required to wait two (2) years before settling their common law claim.
- The three-year time limit to commence a damages dispute in the Personal Injury Commission has been removed. This means that you still must claim common law damages within the three-year time limit, but you do not need to apply to the Personal Injury Commission within three years. It is, however, advisable to make an application to the Personal Injury Commission within three years as to proceed to the District Court of NSW requires that the claim be made within a three (3) year time period
If you have been injured a motor vehicle accident and need the assistance of an expert in person injury law, contact Garling and Co lawyers. Our lawyers are accredited specialists in personal injury law and available to assist you with your claim. Contact us today by telephone at (02) 8329 9500, visit our website www.garlingandco.com.au or complete a free case assessment by clicking here.
