New South Wales Consolidated Acts

MOTOR ACCIDENTS ACT 1988 - SECT 39

39 Mitigation of damages

(1) An injured person is under a duty to mitigate his or her damages, and, therefore, in assessing damages in respect of a claim, consideration is to be given to the steps taken by the injured person and to the reasonable steps that could have been or could be taken by the injured person to mitigate those damages.

(1A) Those steps include the following:

(a) giving the earliest practicable notice of the claim in order to enable the assessment and implementation of the matters referred to in paragraphs (b)-(d),

(b) undergoing medical treatment,

(c) undertaking rehabilitation (including the formulation and undertaking of an appropriate rehabilitation program),

(d) pursuing alternative employment opportunities.

(2) In any proceedings to enforce a claim, the onus of proving that all reasonable steps to mitigate damages have been taken by the injured person lies with the claimant.

(3) In any such proceedings, a written report by a person who provided medical or rehabilitation services to the injured person is admissible as evidence of any such steps taken by that person.