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.

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.