Dispute Resolution Options for Child Pedestrian Injuries on Driveways in Ballina
A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
A child injured on a driveway in Ballina, NSW, may be entitled to compensation under the state’s Compulsory Third Party (CTP) insurance scheme. Dispute resolution options include internal review by the insurer, formal dispute resolution through the Personal Injury Commission (PIC), and, in limited cases, a review by the Supreme Court. These options apply regardless of whether the vehicle was moving slowly or stationary, and whether the incident occurred on private property such as a driveway.
How NSW CTP Law Applies to Driveway Incidents
Under the Motor Accident Injuries Act 2017, a motor accident includes any incident involving a motor vehicle that results in injury to a person, even if it occurs on private property such as a driveway. The law does not exclude injuries on driveways simply because the vehicle was not on a public road. The key factor is whether a motor vehicle was involved in an incident that caused injury to a pedestrian, including a child.
The CTP scheme provides statutory benefits for all eligible claimants, including children. These benefits include treatment and care, weekly income payments, and, in some cases, damages for non-economic loss. However, entitlement to damages depends on whether the injury meets the threshold for a serious injury, as defined in the Motor Accident Injuries Act 2017 and the Motor Accident Guidelines.
Practical Steps for Parents or Guardians in Ballina
If a child has been injured on a driveway in Ballina, the following steps are essential:
- Seek immediate medical attention and keep all medical records, including diagnosis, treatment plans, and any reports from medical practitioners.
- Preserve evidence such as photographs of the driveway, vehicle position, and any visible damage or markings.
- Note the time, weather, and lighting conditions at the time of the incident.
- Obtain contact details for any witnesses, including family members or neighbours.
- Notify the CTP insurer as soon as possible, even if the driver has not admitted fault.
These steps help establish the facts and support a claim, particularly if a dispute arises over liability, injury severity, or benefit entitlement.
Dispute Resolution Pathways and Timelines
If an insurer denies a claim, reduces benefits, or disputes the injury’s severity, the claimant may pursue dispute resolution through the Personal Injury Commission (PIC). The PIC is the independent body responsible for resolving disputes under the CTP scheme in NSW.
The process begins with an internal review by the insurer, which must be completed within 28 days of a request. If the claimant disagrees with the insurer’s internal decision, they may apply to the PIC for a formal review. The PIC has up to 90 days to determine the matter, although it may extend this period if further information is needed.
For disputes involving medical evidence, such as the extent of a child’s injury or whether a threshold for damages has been met, the PIC may require a second medical assessment. The claimant or insurer may request an independent medical examination (IME) to resolve conflicting medical opinions. The PIC will consider all evidence, including reports from treating medical practitioners, specialists, and any IME.
A claimant may also request a review of a PIC decision in the Supreme Court of NSW, but only on a point of law and if the PIC decision was made under a statutory or regulatory provision. This is a limited pathway and not intended for disputes over factual or medical assessments.
Common Disputes and How They Are Resolved
Disputes in driveway child injury claims often relate to:
- Whether the injury qualifies as a threshold injury under the Motor Accident Guidelines.
- The extent of a child’s whole person impairment (WPI), particularly if neurological signs are present.
- Whether the injury was caused by the motor vehicle, especially if the vehicle was stationary or moving slowly.
The Motor Accident Guidelines state that a spinal nerve-root injury may qualify as a threshold injury if it produces neurological signs other than radiculopathy. However, radiculopathy requires specified clinical signs, including sensory disturbance, motor weakness, or reflex changes, to be present. These criteria are strictly applied and must be supported by medical evidence.
If a dispute arises over the medical assessment, the PIC may direct that a second opinion be obtained. The claimant has the right to present additional evidence, including from a treating specialist or a paediatric neurologist, to support their case.
Hypothetical Example: A Child Injured on a Driveway in Ballina
A 7-year-old child was struck by a car reversing slowly in the driveway of a home in Ballina. The child sustained a minor head injury and was treated at a local hospital. The CTP insurer accepted liability but disputed the claim for damages, arguing that the injury did not meet the threshold for a serious injury.
The parents requested a review through the PIC. The PIC required a second medical assessment, which confirmed a spinal nerve-root injury with sensory disturbance. The PIC accepted that this met the threshold for damages under the Motor Accident Guidelines. The insurer was directed to pay damages for non-economic loss.
This example illustrates that even low-speed incidents on private property may result in a successful claim if medical evidence supports a threshold injury.
When to Seek Independent Advice
While the CTP scheme provides a structured process for dispute resolution, the complexity of medical assessments and legal interpretation may require independent advice. Parents or guardians should consider seeking assistance from a legal practitioner or a qualified claims assessor if:
- The insurer refuses to accept liability or disputes the injury’s cause.
- The claim for damages is denied or reduced without clear explanation.
- The medical evidence is conflicting or the child’s recovery is not progressing as expected.
Independent advice helps ensure that all available evidence is properly presented and that procedural rights are not overlooked.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.