Motor Accident Claims – 1 October Indexation

18/09/2020

Indexations of costs and fees in motor accident claims which take effect on 1 October 2020 have today been published on the NSW Legislation website.

1. Indexation of damages payable for non-economic and economic loss

The latest indexed adjustments to damages payable for non-economic and economic loss under the Motor Accidents Act 1988 and the Motor Accidents Compensation Act 1999 are now available and will apply from 1 October 2020.

The adjustments were notified in the Motor Accidents (Determination of Non-Economic Loss) Amendment Order 2020 and Motor Accidents Compensation (Determination of Loss) Amendment Order 2020.

2. Indexation of weekly statutory benefits

Weekly statutory benefits payable under the Motor Accident Injuries Act 2017 are indexed on 1 April and 1 October each year.

For 1 October 2020, the number to be used to vary weekly statutory benefits is 1.033.

The Motor Accident Injuries (Indexation) Amendment Order (No 2) 2020 has been published on the NSW Legislation website.

3. Indexation of legal costs and medico-legal fees

The maximum costs for legal services and maximum fees for medico-legal services remain the same as the previous adjustment year due to negative inflation.

The method of indexation is prescribed in Schedule 3 to the Motor Accidents Compensation Regulation 2020 for the 1999 CTP Scheme, and in Schedule 3 to the Motor Accident Injuries Regulation 2017 for the 2017 CTP Scheme.

To view the maximum legal costs and medico-legal fees calculated for the period of 1 October 2020 to 30 September 2021, click here and select ‘before 1 December 2017’ or ‘on or after 1 December 2017’ for the relevant CTP scheme.

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