Motor accidents disputes – 2017 scheme
Disputes are assigned to the most appropriate dispute resolution pathway.
Motor Accidents – on or after 1 December 2017
Disputes in the Motor Accidents Division of the Personal Injury Commission (“the Commission”) are assigned to the most appropriate dispute resolution pathway.
Before lodging a dispute in the Motor Accidents Division, you must know whether the matter relates to a motor vehicle accident that happened on or after 1 December 2017 or before 1 December 2017.
The following pathways are applicable to claims in relation to accidents that happened on or after 1 December 2017.
If you have lodged your application prior to the commencement of the Commission on 1 March 2021, then Part 7 of the Motor Accident Guidelines will apply to your application.
The Personal Injury Commission’s Rules and Regulations apply to any application lodged on or after 1 March 2021.
Claims disputes pathways
Claims disputes in relation to the Motor Accidents Injuries Act 2017 are determined by a member of the Motor Accidents Division of the Commission.
The following matters may be referred to the Commission for a claims assessment:
- Miscellaneous claims assessment. A party may refer a dispute to the Commission for a miscellaneous claims assessment. The types of miscellaneous claims that can be made are set out in Schedule 2 of the Motor Accident Injuries Act 2017
- Claim for damages assessment. A claimant or insurer may refer a claim for damages to the Commission for a claims assessment. This includes referring a claim for a certificate of exemption from damages claims assessment.
- Further damages claims assessment. A party may refer a claim for damages to the Commission for a further claims assessment where significant new evidence is produced in court proceedings after a member has previously assessed a claim.
- Damages settlement approval. A claim may be referred to the Commission where the claimant is not represented by an Australian legal practitioner for a damages settlement approval.