In The Media | 4 February 2016

Layton Smith’s dad turns down $1.2m-plus NRMA Insurance deal on legal advice the NDIS says is wrong

THE father of a boy with brain damage from a “blameless” crash has turned down a package worth $1.2 million-plus from a major insurer on legal advice that accepting it would jeopardise access to the National Disability Insurance Scheme.

But the scheme’s boss says the advice is wrong.

In 2004, a van ploughed into Troy Smith’s car on the Great Western Highway at Mt Druitt. His son, Layton, then 2, was in the back seat. In 2014 the Supreme Court ruled the van’s driver suffered a heart attack and was not responsible. Without fault, the driver’s compulsory third party (CTP) insurer, NRMA, did not have to compensate Layton.

The law has since been changed so CTP covers such crashes.

Source: The Daily Telegraph