ARTICLE · 23 MARCH 2026

Assessing relative culpability in multi-vehicle accidents

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A claimant is not entitled to ongoing statutory benefits, beyond 52 weeks, if their contributory negligence exceeds 61%.

AustraliaLitigation, Mediation & Arbitration

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In Brief

Pursuant to s 3.11 and s 3.28 of the Motor Accident Injuries Act 2017 (MAIA), a claimant is not entitled to ongoing statutory benefits, beyond 52 weeks, if their contributory negligence exceeds 61%.
In multi-vehicle accidents, contributory negligence is assessed by comparing the relative culpability of all drivers involved in the accident.

Facts

The decision in Solomon v Insurance Australia Limited t/as NRMA Insurance [2026] NSWPIC 150 was delivered on 4 March 2026 and published on 20 March 2026.

The Claimant was riding his motorcycle on Fosterton Road, in Fosterton, on 7 December 2023 when he was involved in a motor accident.

The Claimant was riding behind a Toyota Hilux towing a trailer (Vehicle B). An unidentified vehicle (Vehicle C) was travelling in the opposite direction.

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