AI Law Framework

Letter · Personal Injury & Compensation

Settlement offer and assessment-conference paper for a NSW motor accident damages claim

The claimant's written settlement offer on a damages claim under the Motor Accident Injuries Act 2017 (NSW), and a short paper for the Commission assessment conference. The duty to make an offer sits on the insurer.

Kind
Letter. A letter or email you adapt and send.
Where it applies
New South Wales
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
23 October 2026
Status
Maintained. Checked on 23 October 2026 against the 3 authorities it cites, for New South Wales.
Version
1
Source
Written for this library

When to use it

Use when the claimant will put a written damages offer to a licensed CTP insurer, or will set out the issues for a Personal Injury Commission assessment conference under Procedural Direction MA7. The client approves every figure. Delete the part that is not being sent.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

The tool may assemble the offer and the conference paper from the documents the lawyer selects, and the lawyer fixes every amount and the list of issues before either part is sent.

AI may

  • Fill the claim, the insurer and the client-approved amounts into Part A, keeping economic loss and non-economic loss separate
  • List, as separate amounts, any costs allowance and any deduction the lawyer has already identified
  • In Part B, list only the issues the lawyer has marked, and point back to the offer in Part A
  • Delete Part A or Part B if that part is not being sent

AI must not

  • Must not choose or change an amount, a liability proportion or a deduction
  • Must not tell the insurer that section 6.22 requires the insurer to offer on a claim the section says is outside that duty
  • Must not state a time for payment of assessed damages taken from clause 16 of the Regulation. That clause was not opened
  • Must not describe this letter as the New South Wales rules offer of compromise, or as an application that is filed in the Commission

The lawyer checks

  • The client approved the amounts in writing. Economic loss and non-economic loss are listed separately, including a zero where that is the instruction
  • Section 6.22 puts the duty to make a reasonable offer on the insurer, as soon as practicable, unless the insurer wholly denies liability. This letter is the claimant's offer
  • The insurer's duty does not apply to a claim for the death of a person, or where a medical assessor has declined to assess permanent impairment because the impairment is not yet permanent
  • Clause 4.134 states that a damages claim cannot be settled until the Commission has approved it, unless the claimant is legally represented. Read section 6.23 before an unrepresented settlement
  • Clause 16 of the Motor Accident Injuries Regulation 2017, which clause 4.133(g) says the insurer's offer must outline, was not opened
  • MA7 does not prescribe this conference paper. A 2017 Act damages claim may be referred for assessment at any time. The member may use a preliminary teleconference, an online conference, a face-to-face meeting, or the papers
  • Any bundle lodged with an application or reply is one indexed, categorised, paginated set, without duplicates, and not over 500 pages unless an application to lodge more is made
  • MA7 paragraph 45 summarises section 7.38, including a 21-day acceptance after a damages certificate. Read the section before relying on that summary. The 1999 Act is a different statute
  • Confirm the accident is covered by the 2017 Act. Statutory refunds were not opened

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

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