An injury sustained progressively over a two-hour journey in a motor vehicle, caused by jolting and bumping rather than a specific incident, is not an injury caused by a 'motor accident' at a 'fixed point in time' for the purposes of Part 5 of the Motor Accidents Act 1988 (NSW). A compulsory third party policy under the Motor Accidents Act 1988 (NSW), being a liability-based policy, does not indemnify the insured against the costs of defending a claim. The onus of establishing that an injury was caused by a motor accident occurring at a fixed point in time lies on the party raising the Motor Accidents Act defence.
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