Civil Liability Act 2003
The Civil Liability Act 2003 applies to all accidents occurring on or after 2 December 2002. This legislation operates in conjunction with the Motor Accident Insurance Act 1994. The Civil Liability Act 2003 affects the type of claims that can be made as well as limiting some of the damages that can be claimed. Injured persons seeking information regarding the impact of the Civil Liability Act 2003 specific to their claim should contact the CTP insurer involved (see list of Licensed Insurers), and/or their solicitor if legally represented or refer to the Civil Liability Act 2003.
Assessing General Damages
The Civil Liability Regulation 2003* contains Injury Scale Values (ISV) used for calculating general damages arising from incidents on or after 2 December 2002. Under the Civil Liability Act 2003, general damages are calculated by applying the ISV set out in the regulation. The objectives of the ISV include promoting:
-
Consistency between assessments of general damages awarded by courts for similar injuries; and
-
Similar assessments of general damages awarded by courts for different types of injury that have a similar level of adverse impact on an injured person.
Under the Act, injuries are assigned a point value between 1 and 100 where 0 relates to an injury not severe enough to justify any award of general damages and 100 is an injury of the gravest conceivable kind. The number of points to be attributed to a particular injury can be found in Schedule 4 of the Regulations and the guidelines to the application of the injury scale provided in Schedule 3. Section 62 of the Act provides a formula for the calculation of the monetary value of the point prescribed by the Regulation.
Injured persons seeking information regarding the impact of the Civil Liability Regulation 2003 specific to their claim should contact the CTP insurer involved (see list of Licensed Insurers), and/or their solicitor if legally represented or refer to the Civil Liability Regulation 2003*.
* This link will take you to the Acts and subordinate legislations starting with C
Please scroll down until you reach the Civil Liability Regulation 2003
In the Civil Liability Regulation 2003 document, look for:
Part 1 - Objectives of schedule 4 (Range of injury scale values)
Part 2 - How to use schedule 4
Schedule 4 - Ranges of injury scale values
Last reviewed 17 January 2008
Other languages