Motor accidents disputes – 2017 scheme

Disputes are assigned to the most appropriate dispute resolution pathway.

Miscellaneous claims assessment
Disputes are assigned to the most appropriate dispute resolution pathway.
Claims for damages assessment
Disputes are assigned to the most appropriate dispute resolution pathway.
Damages settlements approval
Disputes are assigned to the most appropriate dispute resolution pathway.
Merit review dispute
Disputes are assigned to the most appropriate dispute resolution pathway.
Medical dispute
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.

Please note:

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.