Most at fault? Can't get no (reasonable) satisfaction...

In Brief

• In most-at-fault disputes, the onus is on the Insurer to demonstrate what happened and that the accident was caused, wholly or mostly, by the Claimant's fault.
• Whilst the required standard is "reasonable satisfaction", that crossbar is high given that the Claimant's entitlement to ongoing statutory benefits will end if the Insurer satisfies the Commission that the Claimant was wholly or mostly at fault.

Facts

The PIC published its decision in PXAYL v Insurance Australia Ltd t/as NRMA Insurance [2025] NSWPIC 324 on 18 July 2025.

On 26 June 2024, at approximately 8.15am, the Claimant was driving in the middle of three lanes along The Northern Road, Glenmore Park. Her intention was to merge into the lane on her left because she wanted to make a left hand turn into Jamison Road.