Under the Motor Accidents Compensation Act 1999 (the “Act”) there are limits on the damages that can be claimed for harm suffered as a result of the motor vehicle accident. Damages for non-economic loss can only be claimed when a threshold of permanent impairment results from the accident.
Non-economic loss means pain and suffering; loss of amenities of life; loss of expectation of life and disfigurement. Under section 131 of the Act no damages will be awarded for non-economic loss unless the degree of permanent impairment of the injured person as a result of injury caused by the motor accident is greater than 10%.
The degree of permanent impairment may be assessed by the Motor Accidents Medical Assement Service. On assessment, a MAS Certificate will be issued. A MAS Certificate may be corrected under section 61 or it may be reviewed under section 63 of the Act.
Application for correction of an Obvious Error under Section 61
An application may be made under section 61 of the Motor Accidents Compensation Act for the correction of an obvious error. An application in this manner must be in accordance with the requirements of section 61 as well as Chapter 17 of the Medical Assessment Guidelines.
Application for Review of Medical Assessments under Section 63
An application may also be made for a review of the assessment under section 63 of the Motor Accidents Compensation Act 1999. An application in this manner is to be in accordance with section 63 of the Act and Chapter 16 of the Medical Assessment Guidelines.
A review under this section is administrative and will require a de novo decision. Grounds for review are set out in the act and have been developed through the case law.
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Ari Katsoulas | Barrister 