Section 4.12 — Motor Accident Injuries Act 2017 (NSW)

(1) If there is a dispute about whether the degree of permanent impairment of an injured person is sufficient for an award of damages for non-economic loss, damages may not be awarded unless the degree of permanent impairment has been assessed by a medical assessor under Division 7.5.
(2) This section does not prevent—
(a) the degree of impairment from being re-assessed under Division 7.5, or
(b) a claim from being settled at any time.

Related sections

• s 4.9 — Damages for future economic loss—discount rate
• s 4.10 — Economic loss reduction
• s 4.11 — No damages for non-economic loss unless permanent impairment greater than impairment threshold
• s 4.13 — Maximum of amount of damages for non-economic loss
• s 4.14 — Publication of information to assist determination of non-economic loss
• s 4.15 — Mitigation of damages

Research how courts apply s 4.12

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