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ARTICLE · 02 FEBRUARY 2017

The unavoidable accident – Causation in the WA CTP Motor Vehicle Scheme

Kott Gunning
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This case still remains relevant and provides guidance as to how the tests of causation will be applied in the courts.

AustraliaInsurance
Stephen Williams
Stephen Williams
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This paper is co-authored by Daniel Coster, Lawyer

The WA Court of Appeal recently handed down its decision in Proudlove v Burridge [2017] WASCA 6, an appeal by the injured party against the District Court's dismissal of his claim for damages, arising from a serious motor vehicle accident.

This case was also likely to have been influential in the State Government's decision to introduce the Motor Vehicle (Catastrophic Injuries) Act 2016 (WA) creating a no-fault scheme for the care of the injured in motor vehicle accidents involving catastrophic personal injuries.

Background

On the night of 15 July 2011 he was a passenger in a vehicle driven by his friend (the insured party), travelling South on Albany Highway, at about 110km/h (the posted speed limit) with the vehicle's headlights on high beam.

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