The introduction of the Motor Accident Injuries Bill
2017 into NSW Parliament heralds changes to the third party
motor accidents scheme. We analyse how the Bill will impact the
current stance on damages for such accidents, how it will interact
with s 151Z of the Workers' Compensation Act 1987
(NSW) and the statutory benefits available.
Current stance—damages for blameless motor vehicle
accidents
A person injured in a blameless motor accident on or after 1
October 2007 is entitled to damages under the Motor Accidents
Compensation Act 1999 (NSW) (MACA). Section 7A of the MACA
defines a blameless motor accident as "a motor accident not
caused by the fault of the owner or driver of any motor vehicle
involved in the accident in the use or operation of the vehicle and
not caused by the fault of any other person".
