---
title: "Request that a NSW CTP insurer concede impairment greater than 10 per cent"
url: "https://ailawframework.com/precedents/personal-injury-and-compensation/nsw-mai-damages-impairment-concession"
type: "precedent"
site: "AI Law Framework"
id: "a21-nsw-mai-damages-impairment-concession"
area_id: "A21"
kind: "letter"
ai_level: "yellow"
version: 1
task_ids: ["A21-T1-R5", "A21-WR20261022-1", "A21-T1-R1", "A21-WR20261022-11"]
law_stated_as_at: "2026-10-23"
---

# Request that a NSW CTP insurer concede impairment greater than 10 per cent

> Letter asking a New South Wales CTP insurer to concede that permanent impairment from a motor accident is greater than 10 per cent, and recording the section 6.14 time for a damages claim.

Canonical page: https://ailawframework.com/precedents/personal-injury-and-compensation/nsw-mai-damages-impairment-concession  
Law stated as at: 2026-10-23

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Letter. A letter or email you adapt and send.
- Practice area: [Personal Injury & Compensation](https://ailawframework.com/precedents/personal-injury-and-compensation.md)
- Jurisdictions: New South Wales
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-23
- Status: Maintained. Checked on 2026-10-23 against the 4 authorities it cites, for New South Wales.

## When to use it

Use when a legally represented person asks the CTP insurer to concede non-economic loss under the Motor Accident Injuries Act 2017 (NSW), or to record a damages claim that may be late. Do not use it to lodge statutory benefits.

## Used for these tasks

- [Draft the pre-action notice or statutory claim form from the instructions](https://ailawframework.com/practice/personal-injury-and-compensation/draft-the-pre-action-notice-or-statutory-claim-form-from-the-instruction.md)
- [Test an injury against the statutory threshold for benefits or damages](https://ailawframework.com/practice/personal-injury-and-compensation/test-an-injury-against-the-statutory-threshold-for-benefits-or-damages.md)
- [Calculate limitation and pre-action notice deadlines from the injury facts](https://ailawframework.com/practice/personal-injury-and-compensation/calculate-limitation-and-pre-action-notice-deadlines-from-the-injury-fac.md)
- [Record the time to decide a compensation claim or a reconsideration request](https://ailawframework.com/practice/personal-injury-and-compensation/record-the-time-to-decide-a-compensation-claim-or-a-reconsideration-requ.md)

## How AI may be used

The tool may assemble the concession request and the attachment index from reports already on the file, and the lawyer decides whether impairment is greater than 10 per cent and writes any late-claim explanation.

**AI may:**

- List health-service examination reports already held, with the whole person impairment figure each report states
- Draft the request letter with square-bracket gaps for the accident, the insurer and the claim number
- Diary the section 6.14 date and the insurer's 14-day and 90-day guideline periods from the dates the lawyer enters

**AI must not:**

- Must not say the threshold is 11 per cent, or at least 10 per cent. Section 4.11 says greater than 10 per cent
- Must not write the full and satisfactory explanation as evidence, or draft a statement of claim
- Must not put health information into a public tool, or a tool that trains on the firm's inputs

**The lawyer checks:**

- Section 4.11 and section 6.14 are read on the current in-force Act. The regulations may change the section 6.14(2) date
- The insurer's acknowledgement, decision and liability notice are checked against clauses 4.115 to 4.126 of the current guidelines
- A damages claim is not treated as settled until section 6.23(2) is satisfied, as clause 4.134 describes it
- If a document is filed in the Supreme Court, the lawyer reads Practice Note SC Gen 23. The PDF was not opened
- Health, wage and scheme records stay in the firm's approved tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).

## Authorities

- [Motor Accident Injuries Act 2017 (NSW) s 4.11 (no damages for non-economic loss unless permanent impairment is greater than 10 per cent), read on AustLII on 23 October 2026](https://classic.austlii.edu.au/au/legis/nsw/consol_act/maia2017245/s4.11.html)
- [Motor Accident Injuries Act 2017 (NSW) s 6.14(2) to (8) (three years, a late claim, and the insurer's two-month response), read on AustLII on 23 October 2026. Subsection (1) was not in that extract](https://classic.austlii.edu.au/au/legis/nsw/consol_act/maia2017245/s6.14.html)
- [SIRA, Motor Accident Guidelines Part 4, clauses 4.114 to 4.134 (concession request, late claims, the liability notice, non-economic loss and settlement approval), opened 23 October 2026](https://www.sira.nsw.gov.au/resources-library/motor-accident-resources/publications/for-professionals/motor-accident-guidelines/part-4-of-the-motor-accident-guidelines-claims)
- [Motor Accident Injuries Act 2017 (NSW), in-force table of contents on the NSW legislation site, opened 23 October 2026. The section text used above was the AustLII text](https://legislation.nsw.gov.au/view/html/inforce/current/act-2017-010)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/personal-injury-and-compensation/nsw-mai-damages-impairment-concession and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*