Award for future economic loss where no loss is presently suffered

Judgment date: 29 August 2011

Allianz Australia Insurance Limited v Sprod & Ors [2011] NSWSC 1157

Supreme Court of New South Wales1

In Brief

A claims assessor may award a buffer for future economic loss as a percentage of the claimant's present earnings in circumstances where the claimant has not presently suffered an economic loss.

Background

The claimant sustained injuries to his neck, back and left shoulder in a motor accident on 20 June 2008. He had suffered an earlier injury to his left shoulder at work in November 2007. Liability was admitted and the matter proceeded to General Assessment at CARS.

The claimant asserted that he was unable to work his usual overtime since the accident and that he was fearful of losing his job in the future. Nevertheless, his earnings continued to increase after the second accident. The insurer submitted that the claimant's inability to work overtime was as a result of his left shoulder injury sustained in the earlier accident and that there was no...