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ARTICLE · 15 OCTOBER 2025

Abawi applied - Injury to skin a threshold injury

A claimant is not entitled to ongoing statutory benefits or common law damages if the only injuries they sustain in a motor accident are threshold injuries.

AustraliaLitigation, Mediation & Arbitration

In Brief

  • A Claimant is not entitled to ongoing statutory benefits or common law damages if the only injuries they sustain in a motor accident are threshold injuries.
  • Section 1.6 of the Motor Accident Injuries Act 2017 (MAIA) provides that a "soft tissue injury" is a "threshold injury".
  • An injury to the skin, which does not involve the nerves, is a "soft tissue injury" and, therefore, a "threshold injury".

Facts

The Personal Injury Commission (PIC) published its decision in Insurance Australia Limited t/as NRMA Insurance v Rababi [2025] NSWPICMP 744 on 10 October 2025.

The Claimant was involved in a motor accident on 10 November 2022. He was driving his vehicle when the insured vehicle drove out from a petrol station and collided with the passenger side of his vehicle. He alleged that the accident caused a fractured nose and scarring to his right hand.

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