‘Mostly at fault’ is defined in the Motor Accident Injuries Act 2017 (MAIA) to be “greater than 61%” contributory negligence.
Where an injured person is ‘mostly at fault’, their statutory benefits cease after 26 weeks, but even if an injured person is not mostly at fault, their weekly payments may be reduced after 26 weeks by the extent of their contributory negligence.
The assessment of contributory negligence is always difficult because multiple variables are at play and no two cases are exactly the same. It is impossible to define, with precision, when contributory negligence will be assessed over 61%.
Based on the contributory negligence case summaries, however, these guidelines may assist in assessing whether it is likely that the injured person’s contributory negligence exceeds 61%.
Please click here to download a copy of our Mostly at Fault Guidelines.