| Focus: |
Cameron v RACQ Insurance Limited [2013] QSC 124 |
| Services: |
Insurance |
| Industry Focus: |
Insurance |
Introduction
The decision in Cameron v RACQ Insurance Limited [2013]
QSC 124 is a useful reminder that the broad general duty upon
claimants and insurers to cooperate with one another is not always
confined to the particular matters stated in the legislation.
This case considered a provision in the Motor Accident
Insurance Act 1994 (Qld) (MAIA). However, the
Workers' Compensation and Rehabilitation Act 2003 (Qld)
contains comparable provisions which could be similarly interpreted
by a court.
The case
The applicant suffered a traumatic brain injury as a result of a
collision with a truck whilst cycling to work. The accident
occurred sometime between 5.30am and 6.02am. The applicant did not
have lights on his bicycle and the truck driver claims he did not
see him. The state of light at the time of the collision was a
critical
