Motor accidents compensation - Case summary: Dahdah v Witte [2023] NSWCA 304 – Understanding "full and satisfactory explanation"

The New South Wales (NSW) Court of Appeal's ruling in Dahdah v Witte offers further insight into what constitutes a "full and satisfactory explanation" in motor vehicle accident claims in NSW. Although the decision concerns the Motor Accidents Compensation Act 1999 (NSW) (MACA), it is equally relevant to similar provisions in the Motor Accidents Injuries Act 2017 (NSW) (MAIA).

Background

Mr Dahdah was involved in a motor vehicle accident on 18 April 2017 due to the negligence of the defendant.

As a result of the accident, he reported severe neck pain, stiffness, and numbness extending into his hands in the years following the accident. On 24 October 2019, approximately 2 and a half years after the accident, Mr Dahdah told his general practitioner about the accident and his ongoing symptoms. He had initially expected that his symptoms would subside.