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The decision of the Personal Injury Commission (PIC) in Liebert v Allianz [2025] NSWPIC 458 provides an important discussion of what falls within the statutory definition of “motor accident” under the Motor Accident Injuries Act 2017 (NSW) (MAIA). The case demonstrates that while many incidents occur in connection with the use of a motor vehicle, not every injury sustained in that context will be considered a “motor accident” for the purposes of accessing statutory benefits.

Background

The claimant was a passenger on a privately operated bus on 3 April 2025.

During the journey, he assisted a fellow passenger to retrieve a bag from the luggage tray. In doing so, his arm was hyperextended, and he sustained a left shoulder injury. CCTV footage confirmed that the injury occurred in this way and captured the claimant rubbing his shoulder afterwards. Importantly, the footage did not show any sudden braking, swerving, or other unusual movement of the bus.

The insurer denied liability on the basis that the injury was not sustained in a “motor accident.” This required the PIC to closely examine the definition of that term under the MAIA.

The statutory definition

Section 1.4 of the MAIA defines a “motor accident” as an incident involving the use or operation of a motor vehicle that results in injury, but only where the injury occurs “as a result of and is caused during” one of four scenarios: the driving of the vehicle, a collision or action taken to avoid a collision, the vehicle running out of control, or a dangerous situation caused by any of those events.

The PIC’s findings

Ultimately the PIC accepted that the claimant was injured while travelling on a bus that was being used in its ordinary way to transport passengers. However, it found that the injury was not caused by the driving of the bus, by a collision or near collision, by the vehicle being out of control, or by a dangerous situation created by those events. Instead, the injury was sustained when the claimant was helping another passenger, and while this occurred during the journey, it was not caused by the operation of the vehicle in the sense required by the Act.

On that basis, the PIC concluded that the injury did not satisfy the statutory definition of “motor accident.”

Why this case is important for claimants

The significance of the case lies in its clear application of the requirement that there must be both a temporal and causal connection between the use or operation of the motor vehicle and the injury. This is consistent with what the High Court held in Allianz Aust v GSF Aust [2005] HCA 26. For claimants, this clarifies that it is not enough that an injury happens on or around a vehicle. The injury must be linked in a proximate way to the driving of the vehicle, a collision, the vehicle running out of control, or a dangerous situation arising from those events.

The decision in Liebert v Allianz Australia Insurance Limited demonstrates the careful way the PIC is applies the definition of “motor accident.” It makes clear that the scheme draws a line between injuries that happen in the setting of a motor vehicle and those that legally qualify as being caused by a motor accident. For claimant lawyers, the case is a reminder of the need to analyse closely how an injury occurred and whether it can be properly linked to one of the four circumstances set out in the Act.

This kind of scrutiny is essential to ensure that claimants can access their entitlements under the statutory benefits scheme. In this way, Liebert v Allianz Australia Insurance Limited adds to the growing body of case law interpreting the MAIA and provides useful guidance on how the definition of “motor accident” is applied to incidents that arise in everyday travel.

This article was published on 23 October by Carroll & O’Dea Lawyers and is based on the relevant state of the law (legislation, regulations and case law) at that date for the jurisdiction in which it is published. Please note this article does not constitute legal advice. If you ever need legal advice or want to discuss a legal problem, please contact us to see if we can help. You can reach us on 1800 059 278 or via the Contact us page on our website. If you or a loved one has been injured, use our Personal Injury Claim Check now.