ARTICLE · 24 JANUARY 2025

Abawi Strikes – Skin Abrasion Certified as Non-Threshold

McCabes

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Review Panel's decision in Sam demonstrates why the Supreme Court's decision in Abawi results in problematic outcomes.

AustraliaLitigation, Mediation & Arbitration

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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".
Pursuant to the definition of "soft tissue" in s 1.6(2), an injury to the skin is not a "threshold injury".

Facts

The Personal Injury Commission (PIC) published its decision in Sam v QBE Insurance (Australia) Limited [2025] NSWPICMP 1 on 6 January 2025.

The Claimant was involved in a motor accident on 9 December 2019 when the Insured vehicle crossed onto the wrong side of the road and collided with his vehicle.

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