Archive for Blameless motor accident

Workers compensation insurer entitled to recover payments from a blameless motor accident insurer

State of NSW v Wenham [2016] NSWCA 336

The appellant was the employer of Ms Goddard. Ms Goddard was driving behind a truck driven by the first respondent and owned by the second respondent. A wheel assembly disconnected from the truck, collided with the vehicle Ms Goddard was driving, and caused her injury.

The respondents conceded that the accident satisfied the definition of a “blameless motor accident” contained in s 7A of the Motor Accidents Compensation Act 1999 (NSW) (MACA). Section 7B of the MACA relevantly provides:

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Rider cannot sue owner for "blameless motor accident"

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Blameless motor accidents: refusal of leave to re-argue Axiak

 

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Blameless accident claim against insurer

PROCEDURE – notice of motion – claim under the blameless accident provisions of the Motor Accidents Compensation Act 1999 (NSW) – insurer seeking proceedings against it be dismissed – Rule 14.28(1)(a) of the Uniform Civil Procedure Rules 2005 (NSW) – whether there is reasonable cause of action – proceedings cannot be dismissed – pleadings to be amended – costs

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Blameless motor accident

TORTS – motor accident compensation – blameless accident – kangaroo collides with motor cycle in the outback – only in Australia – statutory interpretation – whether driver can claim under no fault scheme – whether injuries occasioned by a “blameless motor accident” – whether plaintiff’s act or omission caused the accident – statutory modification to the concept of causation – where defendant not required to establish that plaintiff at fault – statutory definition of fault – whether riding a motor cycle constituted an act or omission – whether excessive speed an act that caused the accident – whether failure to observe kangaroo an omission that caused the accident

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