Driveway Child Injuries, What the PIC Evaluates in Disputes
If a child is injured in a driveway or low-speed vehicle path in NSW, the Personal Injury Commission (PIC) assesses claims under the Compulsory Third Party (CTP) scheme. The PIC focuses on whether the injury meets the scheme’s criteria and whether the claimant has provided sufficient evidence to support their case. Disputes often arise over injury severity, fault attribution, or eligibility for benefits. This article explains what the PIC typically examines in such cases and outlines practical steps to address disputes.
Key Factors the PIC Considers
The PIC evaluates claims based on the Motor Accident Injuries Act 2017 and the Motor Accident Guidelines. For driveway child injuries, the following factors are critical:
- Injury severity: The PIC determines if the injury meets the threshold for compensation. Soft tissue injuries (e.g., whiplash) must involve spinal nerve-root damage with neurological signs, while more serious injuries like fractures or head trauma are clearly eligible.
- Evidence of the incident: The PIC requires documentation such as witness statements, CCTV footage, or accident reports to establish fault and the circumstances of the injury.
- Medical evidence: Medical records must clearly link the injury to the incident. For example, a child with a suspected concussion must have imaging or clinical notes confirming the diagnosis.
- Child’s age and vulnerability: The PIC considers the child’s age, developmental stage, and any pre-existing conditions that might affect recovery.
Common Disputes in Driveway Claims
Disputes often occur when the PIC questions:
- Whether the injury qualifies as a threshold injury under the scheme.
- The fault attribution, for example, if the child was playing in a driveway where vehicles were permitted.
- The duration of benefits, the PIC may dispute claims for long-term care if the injury is deemed temporary.
A typical dispute might involve a child injured in a driveway where the vehicle was parked. The PIC might argue the injury was not caused by a moving vehicle, even if the child was struck by a car. In such cases, evidence like traffic camera footage or witness accounts is crucial.
Evidence to Support a Driveway Child Claim
To strengthen a claim, gather:
- Medical records detailing the injury and its connection to the incident.
- Witness statements from bystanders or other drivers.
- Accident reports from the police or local authorities.
- Photographs of the scene, including skid marks or vehicle positions.
- Income records if the child’s injury affects their ability to attend school or requires care.
Time Limits and Dispute Resolution
Claims must be submitted within five years of the accident under the Motor Accident Injuries Act 2017. If the PIC disputes a claim, the claimant can request an internal review or seek mediation through the NSW Civil and Administrative Tribunal (NCAT). However, the PIC’s decision is not binding unless challenged through formal legal steps.
When to Seek Legal Advice
If the PIC rejects a claim or disputes the injury’s severity, it is essential to consult a solicitor. A lawyer can:
- Challenge the PIC’s assessment of the injury.
- Navigate the dispute resolution process.
- Ensure all evidence is properly submitted.
Next Steps
CTP claims involving driveway child injuries depend on the specific facts of the case. The PIC’s evaluation of evidence and injury severity can significantly impact the outcome. To request a free, no-obligation assessment of your circumstances, complete the quick, no obligation enquiry form.