CERTIFICATE OF DETERMINATION OF MEMBER  	
	
Citation:	AAI Limited t/as GIO v Russell [2024] NSWPIC 240	
		
Claimant:	William Allan Campbell Russell	
		
insurer:	GIO	
		
Member:	David Ford	
		
DATE OF DECISION:	2 May 2024	
		
CATCHWORDS:	MOTOR ACCIDENTS - Motor Accident Injuries Act 2017; 100-year-old driver of a motor vehicle involved in a collision with insured vehicle; claimant sustained fractures to cervical spine at C6 level, thoracic spine at T3 level, lumbar spine at L4 level, along with fractured ribs and general lacerations and bruising; claimant spent several months in hospital recovering from his injuries; insurer wholly admitted liability; conceded non-threshold injury and also conceded entitlement to damages for non-economic loss; claimant is retired; amount proposed for non-economic loss is $150,000; Held – the proposed settlement is just, fair and reasonable; settlement approved under section 6.23(2)(b).

determinations made:	CERTIFICATE
1.	The proposed settlement is approved under s 6.23(2)(b) of the Motor Accident Injuries Act 2017.
2.	The proposed settlement complies with cl 7.38 of the Motor Accident Guidelines 2017.

STATEMENT OF REASONS
introduction
1.	On 23 November 2023 the claimant was driving his motor vehicle on the Gilnagay Way, north of Macksville, near the intersection with Old Coast Road, when the driver of the insured vehicle, cut across the path of the claimant’s vehicle, whilst attempting to make a right-hand turn to head South towards Macksville. It then transpired; the insured vehicle collided with the passenger side of the claimant’s vehicle. Consequently, the claimant was severely injured.
2.	He sustained fractures in his cervical spine at C6 level, thoracic spine at T3 level, lumbar spine at L4 level, along with fractured ribs and general lacerations and bruising. He was taken by ambulance to Coffs Harbour Base Hospital, where he was admitted and stayed for approximately seven days, before being transferred to Baringa Hospital on 
30 November 2023. He was airlifted from Baringa Hospital to Eastern Suburbs Private Hospital in Sydney. He was subsequently discharged on 16 January 2024, utilising a wheelie walker to ambulate.
3.	After discharge from Eastern Suburbs Private Hospital, he was admitted to St Vincent’s Hospital to undergo further tests over a period of seven days, and thereafter, was admitted to Wolpar Rehabilitation Hospital for a period of three weeks, being admitted in February 2024 and discharged in mid-March 2024.
4.	The insurer wholly admitted liability by letter dated 11 March 2024. The insurer has conceded he sustained a non-threshold injury and has conceded he is entitled to damages for non-economic loss and has not required the claimant to undergo an assessment of whole person impairment. He was born in October 1923 and is presently 100 years of age. He is retired.
5.	The insurer has proposed to resolve the claim for non-economic loss in the sum of $150,000. There are no deductions to be made from the agreed settlement monies. This results in a net sum to the claimant of $150,000.
6.	The calculation of the proposed settlement is as follows:
•	non-economic loss 	$150,000
Total 	$ 150,000
7.	The claimant advised me he wishes to accept the proposed settlement. After reading the hospital and clinical records of the claimant, I am satisfied the sum proposed for non-economic loss is both reasonable and adequate I consider the settlement is appropriate in all the circumstances of this case and I have decided to approve the proposed settlement as submitted in this application.
8.	The claimant is not represented by a lawyer and accordingly the settlement must be approved in accordance with the Motor Accident Injuries Act 2017 (MAI Act). 
JURISDICTION OF THE PERSONAL INJURY COMMISSION 
9.	The Personal Injury Commission (Commission) was established on 1 March 2021 and the Dispute Resolution Service was abolished by cl 3 of part 2, Division 2, Schedule 1, to the Personal Injury Commission Act 2020.
10.	I am a General Sessional Member of the Motor Accidents Division of the Commission. Clause 14 (A) (1) of the Personal Injury Commission Regulation 2020 designates the application “pre-establishment proceedings” and cl 14 (D) empowers me to determine those proceedings.
11.	Because of the date of the accident cl 14 D (3) (b) provides the MAI Act and the Motor Accident Guidelines 2017 (the Guidelines) continue to apply.
12.	The claimant confirmed he had read the application documentation lodged on the portal by the insurer. These documents had been forwarded to the claimant by email. 
13.	The solicitor for the insurer advised the insurer will not deduct and pay monies to Medicare under the Health and Other Services (Compensation Act 1995 Commonwealth) from the settlement sum. If any charges are raised, the insurer will pay the charges of treatment expense in addition to the settlement sum. 
CONCLUSION 
14.	I am satisfied the proposed settlement is just, fair and reasonable and within the range of likely potential damages assessment if the claim was to proceed to assessment, considering the nature and extent of the claim.
15.	I am satisfied the claimant is aware he can seek legal advice but does not wish to do so. 
16.	I am satisfied the claimant understands the binding nature of the settlement and he will be precluded from making a further claim for damages arising out of the accident. 
17.	I am satisfied the claimant is willing to accept the proposed settlement. 
18.	Accordingly, pursuant to s 6.23(2)(b) of the MAI Act, I approve the settlement of the claimant’s claim for damages.
RELEVANT LAW
19.	Section 6.23 (2) (3) of the MAI Act requires approval of the settlement and I am not to approve the settlement unless I am satisfied it complies with any of the requirements of the MAI Act or the Guidelines.
20.	Clause 7.38 of the Guidelines states I must be satisfied as to the following:
(a)	the proposed settlement is just, fair, and reasonable and within the range of likely potential damages assessments for the claim were the matter to be assessed by a, taking into the account the nature and extent of the claim, and taking into account any proposed reductions or deductions in the proposed settlement, and 
(b)	the claimant understands the nature and effect of proposed settlement and was willing to accept the proposed settlement. 
Preliminary conference on 29 April 2024
21.	The insurer lodged an application for approval of the settlement, and it was referred to me for consideration. I held a preliminary conference on 29 April 2024. The claimant participated in person and the insurer was represented by Melanie Gazdag.
SHOULD I APPROVE THE SETTLEMENT
22.	I am satisfied it is appropriate in this matter to assess damages for non-economic loss in the sum of $150,000.  The net amount of settlement monies payable to the claimant is $150,000.
23.	Accordingly, pursuant to s 6.23(2)(b) of the MAI Act, I approve the settlement of the claimant’s claim for damages.