Under s 95(2) of the Motor Accidents Compensation Act 1999 (NSW), an assessment of the amount of damages is not binding on the insurer unless the insurer accepts the liability as assessed (including the assessed contributory negligence). The assessment of liability and the assessment of damages become binding as a package only when both conditions in s 95(2)(a) and (b) are satisfied. Where the insurer disputes the assessed contributory negligence, the amount of damages remains at large in court proceedings.
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