NRMA: Tale of two tragedies in insurance

MANY know of Sophie Delezio, few have heard of Layton Smith - both victims of “blameless” accidents where the insurer didn’t have to pay. The difference? In Sophie’s case NRMA did. In Layton’s it won’t.

What now? Layton Smith with his dad Troy at home in Claremont Meadows. Picture: Tim Hunter

MANY know the story of Sophie Delezio. Few have heard of Layton Smith. Both are victims of “blameless” accidents, where the insurer didn’t have to pay. The difference is in Sophie’s case, NRMA did — seven figures in all likelihood. But in Layton’s, it won’t.

Moved to tears ... Ron Delezio. Picture: Braden Fastier

As I sit at the dinner table of the Smiths’ Western Sydney home on Tuesday night, Layton runs up to his father Troy and gives him a hug and kiss on the cheek. “Love you dad.” He then runs off to play Wii.

“But what’s the future for Layton?” Mr Smith said. Will he be able to work? Will he be able to catch a bus by himself?

Yesterday morning I met with Sophie’s dad, Ron Delezio.

“We only got compensation from NRMA because Sophie was a high-profile case,” Mr Delezio said. He can’t say how much. But he did say this: “Troy’s son is just as valuable as Sophie.”

Mr Delezio was moved to tears on hearing Layton’s story, when Mr Smith rang him eight months ago.

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In 2004, a van crossed to the wrong side of the Great Western Highway at Mt Druitt, ploughing into the Smith’s car. Layton was two. He has irreparable damage to his brain and body.

The Mitsubishi Verada owned by Troy and Tracey Smith after it was hit by a van in September 2004. Picture: Facebook

Since the accident NRMA Insurance has covered medical bills. It also paid $80,000 of compensation to Layton’s mother Tracey for an ankle injury. Were these just acts of goodwill? I’ll let you judge.

Worried NRMA would stop paying the bills, last year the Smiths took the insurer to court seeking $5 million for Layton’ future care.

Not covered ... Layton Smith is not eligible for compensation under the CTP scheme because the driver was not at fault. Picture: Tim Hunter

Sophie Delezio pictured 11 years after a near fatal accident in 2003 that left her with burns to 85 per cent of her body. Picture: Sam Ruttyn

They had to prove the van driver was at fault. But NSW Supreme Court Justice Richard Button found the van driver was likely unconscious before the collision. Heart attack.

It was a blameless accident. The protections in Compulsory Third Party insurance didn’t apply.

Had this crash happened today, Layton would have lifetime care. Since 2007 we have all paid an extra levy on green slips for blameless accidents. The change was made because of what happened to Sophie.

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An NRMA Insurance spokeswoman yesterday said: “The accident Layton Smith and his family were involved in was a tragic event. It’s a terrible situation and we have looked very carefully at what we could do to help.

“We have provided medical and treatment support for the last 10 years between the accident and the final hearing determining their case, but there is a point where we must administer the scheme in accordance with the law.”

Nearly 13,700 people have backed a www.change.org petition asking NRMA to compensate Layton. What’s your view?