ARTICLE · 01 OCTOBER 2025

Evic applied – How to assess contributory negligence in a chain collision

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In multi-vehicle accidents, contributory negligence is assessed by comparing the relative culpability of all drivers involved in the accident. Recent case example.

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In Brief

Pursuant to s 3.11 and< a href='https://legislation.nsw.gov.au/view/html/inforce/current/act-2017-010#sec.3.28'>s 3.28 of the Motor Accident Injuries Act 2017, 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 Personal Injury Commission (PIC) published its decision in Freitas v QBE Insurance (Australia) Limited [2025] NSWPIC 475 on 26 September 2025.

The Claimant was injured in a motor accident on 2 May 2024 when his motor vehicle collided with the rear of the vehicle ahead of him.

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