New South Wales Consolidated Acts

MOTOR ACCIDENT INJURIES ACT 2017 - SECT 3.11

3.11 Cessation of weekly payments after 52 weeks to injured persons most at fault or with threshold injuries

(1) An injured person is not entitled to weekly payments of statutory benefits under this Division for any period of loss of earnings or earning capacity that occurs more than 52 weeks after the motor accident concerned if--

(a) the motor accident was caused wholly or mostly by the fault of the person, or

(b) the person's only injuries resulting from the motor accident were threshold injuries.

(2) A motor accident was caused mostly by the fault of a person if the contributory negligence of the person in relation to the motor accident (as referred to in section 3.38) was greater than 61%.

Note : Section 3.38 provides for a reduction of statutory benefits after 52 weeks for contributory negligence of the person not mostly at fault.