Section 3.28 — Motor Accident Injuries Act 2017 (NSW)

(1) An injured person is not entitled to statutory benefits under this Division for treatment and care expenses incurred 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 and the person was over 16 years of age at the time of the motor accident, 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%.
(3)

Related sections

• s 3.25 — No statutory benefits for gratuitous attendant care services
• s 3.26 — Statutory benefits for loss of capacity to provide gratuitous domestic services
• s 3.27 — Verification of expenses
• s 3.29 — No statutory benefits for expenses already compensated
• s 3.30 — Payment of hospital, ambulance, medical and other expenses not covered by bulk billing arrangement
• s 3.31 — Limits under Guidelines on statutory benefits for particular treatment and care

Research how courts apply s 3.28

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.