Driveway Child Injuries, What the PIC Expects in Disputes
Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
If a child is injured in a driveway or low-speed vehicle path in New South Wales, the Personal Injury Commission (PIC) evaluates claims based on the Motor Accident Injuries Act 2017 and SIRA guidelines. Rural and remote areas have unique considerations, including limited access to medical services and longer travel times for claims review. The PIC expects evidence to demonstrate the injury’s connection to the motor accident, the child’s medical condition, and the claimant’s ability to prove fault or threshold injury.
NSW CTP Rules for Driveway Child Injuries
Under the Motor Accident Injuries Act 2017, CTP claims cover injuries caused by motor vehicles, including driveway accidents. The PIC assesses claims using the Motor Accident Guidelines, which define threshold injuries (e.g., soft tissue injuries requiring medical treatment). For rural disputes, the PIC may consider:
- Medical evidence: Doctor’s reports confirming the injury’s severity and treatment.
- Accident circumstances: Whether the vehicle was operating at low speed, the location’s use (e.g., private driveway), and whether the child was in a pedestrian zone.
- Fault determination: The PIC may require evidence that the driver owed a duty of care, such as failure to yield or excessive speed.
Practical Steps and Evidence for Rural Claims
To support a driveway child injury claim, gather:
- Medical records: Detailed notes from the treating physician, including imaging (e.g., X-rays) and treatment plans.
- Accident reports: Police reports, witness statements, and photos of the scene.
- Witness evidence: Statements from neighbors, family, or bystanders who saw the incident.
- Income and care records: Proof of lost income for parents or additional costs for childcare.
In rural areas, delays in accessing medical care may affect claims. The PIC may require documentation showing the child’s condition worsened due to delayed treatment.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident if the injury is a threshold injury. After this period, benefits are generally limited unless the injury exceeds the threshold. Disputes over fault or injury severity may require:
- Medical review: The PIC may request an independent medical opinion to assess the child’s condition.
- Internal review: Claimants can request a review of the PIC’s decision within 28 days of receiving the outcome.
- Legal challenge: If the PIC’s decision is disputed, a claimant may seek legal advice to challenge the assessment, though this does not guarantee a change.
Example Scenario
A 6-year-old child is struck by a car while playing in a rural driveway. The driver claims the child ran into the road, but no witnesses are available. The PIC requires:
- A doctor’s report confirming the child’s injury meets the threshold injury definition (e.g., soft tissue damage requiring treatment).
- Evidence that the driver failed to exercise reasonable care, such as speeding or not yielding.
- Proof that the child’s injuries caused financial hardship (e.g., lost income for parents).
When to Seek Advice
Disputes over fault, injury severity, or benefit limits often require legal input. The PIC’s decisions are final unless a claimant appeals through the NSW Civil and Administrative Tribunal (NCAT). For rural claimants, delays in accessing legal support or medical records may complicate the process. Always seek advice before submitting a claim or disputing a decision.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.