Wyatt v AAI Limited
[2021] QDC 188 · Devereaux SC CJDC
The applicant was a teacher injured in a car crash near Hervey Bay in October 2016 while travelling to work with his family. The other driver died in front of him, and he later developed post-traumatic stress disorder and major depression. He kept working and focused on recovery, but when he returned to full-time classroom teaching in early 2020 he realised his condition would affect his career long-term. Because he wanted to sue the insurer after the normal three-year deadline had passed, he asked the court to extend the limitation period. The insurer argued he already knew enough to sue well before the deadline. The court disagreed, finding the permanent and career-limiting nature of his injury only became clear in January 2020. The judge allowed the extension so the claim can now proceed. This was a procedural decision only; the court did not assess any damages.
Incident & injury
Motor vehicle collision - another vehicle collided with the applicant's car at an intersection; the applicant witnessed the other driver's fatal injuries, resulting in psychiatric injury
- Body regions
- Psychiatric, Cervical spine
- Diagnoses
- Post-Traumatic Stress Disorder, Major depressive disorder with melancholia, Whiplash / cervical soft tissue injury
- Incident date
- 7 October 2016
- Location
- Hervey Bay area (intersection)
Quick facts
- Date of judgment
- 16 August 2021
- Claim type
- MAIA
- Proceeding
- Interlocutory
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- Occupation
- Teacher Professional
Outcome
Application to extend the limitation period under s 31 of the Limitation of Actions Act 1974 (Qld) allowed. The court found that the permanent nature and extent of the applicant's psychiatric injury (PTSD and major depressive disorder) was a material fact of a decisive character that was not within his means of knowledge until January 2020, when he resumed full-time classroom teaching and received the MAT assessment.
Defendant
1 AAI Limited t/as Suncorp Insurance
CTP Insurer
- Judgment against this defendant
- $0
Key issues
Wyatt v AAI Limited [2021] QDC 188
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