ARTICLE · 15 NOVEMBER 2024

Evic Applied – Assessing Contributory Negligence in Single Vehicle Accidents

McCabes

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Assessing relative culpability is an inappropriate way of assessing contributory negligence in single vehicle accident.

AustraliaLitigation, Mediation & Arbitration

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In Brief

A Claimant is not entitled to ongoing statutory benefits, beyond 12 months, if they are wholly or mostly at fault for their accident – s 3.11(1)(a) and s 3.28(1)(a) of the Motor Accident Injuries Act 2017 (MAIA)
In single vehicle accidents, "relative culpability" is an inappropriate measure of contributory negligence because there is no other culpable party.
Instead, in single vehicle accidents, contributory negligence should be measured by reference to the extent that the injured driver's driving behaviour departed from the standard of care expected from them in the circumstances.

Facts

The Personal Injury Commission (PIC) published its decision in Custovic v Allianz Australia Insurance Limited [2024] NSWPIC 605 on 8 November 2024.

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