Motor Accident Injuries Act 2019

This section applies if a claimant—

receives defined benefits in relation to an injury suffered in a motor accident; and

is awarded damages in a motor accident claim in relation to the claimant’s injuries.

Note The claimant may not be awarded damages for any loss of earnings in the first year after the motor accident (see s 246).

The relevant insurer for the motor accident is entitled to deduct from the damages the lesser of—

the amount of any defined benefits (other than income replacement benefits received by the claimant in the first year after the motor accident) received by the person; and

the amount of the damages awarded.

Note The relevant insurer may also recover the amount of defined benefits received by an injured person if the injured person obtains a judgment or agreement for damages independently of this Act in relation to the injury (see s 253).

However, the relevant insurer is not entitled to recover any amount that has been recovered under a provision of part 6.10 (MAI insurer and nominal defendant may recover costs incurred).

Note If an insurer has recovered costs under a provision of pt 6.10, the insurer is not entitled to recover the costs under this section (see s 342).