New South Wales Consolidated Acts

MOTOR ACCIDENT INJURIES ACT 2017 - SECT 3.40

3.40 Effect of recovery of damages on statutory benefits

(1) If a person (
"the claimant" ) recovers damages in respect of the death of or injury to a person caused by the fault of the owner or driver of a motor vehicle in the use or operation of the vehicle then (except to the extent that subsection (2) or (3) covers the case)--

(a) the claimant ceases to be entitled to any further statutory benefits under Division 3.3 (Weekly payments of statutory benefits to injured persons) in respect of the injury concerned (including statutory benefits claimed but not yet paid), and

(b) the amount of any statutory benefits already paid under Division 3.3 in respect of the injury concerned is to be deducted from the damages (awarded or otherwise paid as a lump sum) and is to be paid to the person who paid the statutory benefits.

(2) If damages are recovered in an action under the Compensation to Relatives Act 1897 in respect of the death of a person, the amount of any statutory benefits under Division 3.2 (Statutory benefits for funeral expenses) paid in respect of the death is to be deducted from the damages (awarded or otherwise paid as a lump sum) and is to be paid to the person who paid the statutory benefits.

(3) If a person recovers damages in respect of an injury from the employer liable to pay compensation under the Workers Compensation Act 1987 --

(a) the person ceases to be entitled to any further statutory benefits under Division 3.3 in respect of the injury concerned (including statutory benefits claimed but not yet paid), and

(b) the amount of any statutory benefits already paid under Division 3.3 in respect of the injury concerned is to be deducted from the damages (awarded or otherwise paid as a lump sum) and is to be paid to the person who paid the statutory benefits.