1. The proposed settlement is approved under s 6.23(2)(b) of the Motor Accident Injuries Act 2017 in the sum of $200,000.

1. On 28 October 2024, the claimant Mr Andrew Payne was riding his bicycle along Remembrance Drive, near Picton in country NSW when a vehicle travelling in the same direction towing a trailer, attempted to pass the rider colliding with his bicycle causing him to hit the roadway.

Mr Payne was treated by the ambulance officers attending the scene. He was conveyed to hospital where his wounds were cleaned and dressed.

Mr Payne brings a common law claim for damages sustained in the accident.

The insurer, AAI Limited t/as GIO (insurer) wholly admitted liability.

Mr Payne and the insurer have reached agreement as to settlement of the claim for damages.

Because Mr Payne is not represented by a lawyer, the settlement must be approved in accordance with the Motor Accident Injuries Act 2017 (the Act).

The insurer has lodged the application for approval of the settlement, and it was referred to me for consideration.

The insurer and Mr Payne agree his entitlement to damages is limited to past and future economic loss.

1. Approval of the settlement is required under s 6.23(2) and (3) of the Act and I am not to approve the settlement unless I am satisfied it complies with the requirements of the Act and Motor Accident Guidelines (Guidelines).
2. Clause 7.37 of the Guidelines states I must be satisfied as to the following:

(a) the proposed settlement is just, fair, and reasonable and within the range of likely potential damages assessment for the claim were the matter to be assessed by a Member, taking into account the nature and extent of the claim and the injuries, disabilities, impairments and losses sustained by Mr Payne and taking into account any proposed reductions or deductions in the proposed settlement, and

(b) Mr Payne understands the nature and effect of the proposed settlement and is willing to accept the proposed settlement.

1. I have considered the documents provided with the insurer's application including, but not limited to, submissions, claim forms; medical reports by Dr Frank Hsieh; medical records and an expert medical report by Dr Dereck Lee; records from Westmead Hospital; police and ambulance report; physiotherapy notes and imaging; financial records and communications between Mr Payne and the insurer.

1. Mr Payne was riding his pushbike in a group of four along a country road. They were passing a worksite where the speed limit was 40 kmph. He estimated that they were travelling at around 35 kmph. There was a barrier on the opposite side of the roadway. A vehicle towing a trailer travelling in the same direction as the bikes, overtook the riders and was returning to the left lane when the trailer struck Mr Payne and the rider riding next to him, causing them to fall off their bikes into the gravel.
2. Mr Payne describes a left elbow injury, lacerations to both his knees, left thigh and hip injuries.
3. A workman nearby offered assistance before the ambulance transported him to Mt Druitt Hospital where his wounds were cleaned and dressed before discharge. There is conflicting evidence about whether Mr Payne was transported by ambulance to hospital or whether he attended of his own accord. This issue does not affect the proposed settlement agreement and as such, I am satisfied to proceed without confirmation of these facts.
4. He later consulted Dr Soliman at Westmead Hospital where he underwent debridement and washout. When it became apparent his left elbow wound had been injured to the bone, he was referred to Auburn Hand Clinic.
5. He also developed significant bruising around his left hip, buttock and thigh causing severe swelling.
6. His initial surgery took place on 2 November 2023 which not only included debride of his wounds, but his right thumb nailbed was also repaired. A subsequent surgery on

19 November 2023 involved a debridement and flap to his left elbow and washout of his left thigh. 7. He underwent regular dressing until his wounds healed. He had persistent swelling in his left lateral thigh which was unsuccessfully treated under a local anaesthetic. Since then, his procedures have been cosmetic in nature. 8. Mr Payne is 56-years-old. He has been trained as an auto electrician and was employed full time at Custom Denning, a coach company earning $1,417 net per week where he had worked for over 22 years. 9. He was totally unfit for work from the date of the accident until March 2024. He returned to light duties and subsequently had further time off work for treatment. 10. When Mr Payne consulted Dr Lee, he complained of discomfort in his left elbow around the posterior aspect near the olecranon with increased activity such as drilling at work. He said he has discomfort when he rests his elbow on a surface such as a table. He relieves this by adding a cushion under his elbow on a flat surface. He complained of weakness in his left upper hip and continues to experience low grade back pain.

He told me when gripping obstacles, he has lost grip strength and reverts to using both hands.

He said after riding his bike for around 10 minutes, he experiences discomfort in his left elbow, thigh and knee. He told Dr Lee before this accident, he was riding up to 500 km a week but now only rides to and from work due to a loss of confidence and lack of motivation.

Mr Payne was involved in a previous, similar motor accident on 18 April 2008. In that accident he suffered a fractured pelvis and a crush fracture of the sacrum. Since that accident, Mr Payne resumed A Grade cycling and racing and returned to his normal work duties. He disclosed he continued to experience low grade chronic low back pain without sciatica. He avoids heavy lifting and awkward postures to protect his back injury.

1. On receipt of the application of the proposed settlement agreement, I reviewed the documentation.
2. The insurer's submission includes a helpful summary of the relevant history before and after this subject accident.
3. As my role is to be satisfied the proposed settlement agreement is just, fair and reasonable, my focus is on the settlement amount only.
4. I explained to Mr Payne that the non-economic loss component in an assessment of damages has not been made out because of the assessment by Dr Lee assessing WPI not greater than 10%. He accepted this assessment and confirmed he understood this process.

"No damages for non-economic loss may be awarded in respect of injury unless the degree of impairment of the injured person as a result of injury caused by the motor accident is greater than 10%."

1. He agreed the calculation of past and future economic loss was fair and that he was happy with the proposed offer of settlement.
2. The offer is made up of total loss of work capacity for 12 weeks post-accident calculated at the rate of $1,417.47 net per week. He was off work for a week whilst undergoing further surgery which has been factored into the amount proposed for past economic loss of $26,255. From this amount the insurer is entitled to a credit of $25,287.51 for paid statutory benefits.
3. Included in the proposed past economic loss is an amount of $4,055 for taxation paid on past benefits.
4. Mr Payne has 11 years before retirement. The insurer has proposed a loss in the future of $400 net per week less vicissitudes of 15% plus 14.5% superannuation to compensate

Mr Payne for time lost from work due to any aggravation and the need for treatment should he experience difficulties as reported to Dr Lee. The proposed amount for future economic loss is $172,888.13. When adding both past and future economic loss and the amount of taxation paid the total sum is $199,143.13 which has been rounded up to $200,000. 5. If approved, Mr Payne will receive a net amount of $174,712.49 after the statutory benefits are credited to the insurer.

1. Mr Payne told me he was happy with the proposed settlement.
2. I am satisfied Mr Payne understood he is entitled to legal representation but did not wish to engage a lawyer for the purpose of the proposed settlement.
3. He further confirmed he understood he was only entitled to damages for past and future economic loss.
4. I am satisfied Mr Payne is aware that if I approve the proposed settlement, this finalises his entitlement to further common law damages under the Act.
5. I approve the proposed settlement offer in the sum of $200,000 having considered

Mr Payne's injuries, the past closed period of total incapacity and the possibility of a loss of earnings in the future due to an increase in symptoms or the need for treatment. 6. I am satisfied that the proposed settlement is just, fair, and reasonable. The settlement is within the range of likely potential damages assessments if the claim was to proceed to assessment taking into account the nature and extent of the claim, the injuries, disabilities, impairments and losses sustained by Mr Payne. 7. I am satisfied Mr Payne understands the binding nature of the settlement and that he is precluded from making a further claim for damages arising from the accident. I am satisfied Mr Payne is willing to accept the proposed settlement. 8. I am satisfied Mr Payne understands his entitlement to reasonable and necessary attendant care services and treatment expenses for accident related injuries for the rest of his life. 9. Accordingly, pursuant to s 6.23(2) and (3) of the Act, I approve the settlement of

Mr Payne's claim for damages in the sum of $200,000.