Claimant convicted of negligent driving causing death denied statutory benefits

In Brief

• Section 3.37 of the Motor Accident Injuries Act 2017 prohibits the recovery of statutory benefits after the Claimant is charged with a serious driving offence (as defined by section 3.37(5))
• Subject to other statutory requirements, the Claimant's entitlement to statutory benefits is only reinstated if the Claimant is subsequently acquitted of the serious driving charges or the proceedings against them are discontinued.

Facts

The Personal Injury Commission (PIC) published its decision in Alhussein v QBE Insurance (Australia) Limited [2026] NSWPIC 23 on 30 January 2026.

On 31 October 2022, the Claimant made a decision to drive his utility vehicle into a causeway. There were two passengers riding in the rear tray of his vehicle. Tragically, they were both drowned when the Claimant's vehicle was swept into the water.