By
Emma Thomson & Taylor O'Connor
|
09/12/2025
The recent Personal Injury Commission decision of Mousawi v Insurance Australia Limited trading as NRMA Insurance [2025] NSWPIC 557 sheds light on how the Motor Accident Injuries Act 2017 (NSW) (‘the Act’) applies to no-fault motor vehicle accident claims. This decision highlights the challenges in proving liability and the strict requirements under the Act, which ultimately may disentitle claimants to damages.
On 26 May 2021, the Applicant, Arifa Mousawi was driving her Toyota Tarago in Auburn, New South Wales, when a bird struck her windscreen. Startled, the Applicant swerved and collided with a parked boat, trailer, and Mitsubishi Ute. Her vehicle flipped and rolled, causing her to sustain physical injuries.
Ms Mousawi claimed damages under the Act’s no-fault provisions, arguing the accident was a “blameless accident”. The insurer, Insurance Australia Limited (trading as NRMA Insurance), denied liability, stating the accident was caused by Ms Mousawi’s actions of steering the wheel to the left.
The key legal issues the Commission had to determine were as follows:
The Commission agreed the accident met the definition of a “motor accident” under section 1.4 of the Act. The incident involved the use of a motor vehicle, and Ms Mousawi’s injuries were caused when her vehicle ran out of control.
The Commission found the parked vehicles were not “in use or operation” at the time of the accident. They had been legally parked in a designated parking lane for at least two weeks before the incident. As a result, there was no causal or temporal link between the parked vehicles and Ms Mousawi’s injuries, as required by section 1.9.
Ms Mousawi argued the accident was a “blameless accident” under section 5.2 of the Act. However, the Commission ruled that the parked vehicles were not in use or operation at the time of the accident. Without a relevant use or operation of the parked vehicles, the deeming provisions of section 5.2 could not apply.
The Commission concluded that Ms Mousawi’s actions of turning the steering wheel to the left after being startled by the bird were a contributing cause of the accident. Under section 5.4 of the Act, a driver who causes an accident through their own actions cannot recover damages. Even if her actions were involuntary or not the sole cause, they were still a contributing factor, barring her from a claim for damages.
Key Takeaways
Under section 5.4 of the Act, a driver who contributes to an accident through their action, even if involuntary, cannot recover damages. This provision reinforces the importance of drivers exercising reasonable care and attention on the road.
Practical Implications
This case highlights the strict requirements for claiming damages under the Motor Accident Injuries Act 2017 (NSW). Legal practitioners should carefully assess whether the facts of a case meet the Act’s definitions and provisions, particularly the causal and temporal connection required under section 1.9 and the exclusions under section 5.4.
This decision serves as a reminder of the complexities involved in motor vehicle accident claims and the importance of legal practitioners understanding the statutory framework when advising clients.
If you have been involved in a motor vehicle accident claim and have sustained injuries as a result, please get in contact with Foye Legal for a confidential consultation to obtain legal advice regarding your entitlements.
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