Fatal Motor Accident Claims, What the PIC Expects in NSW Disputes
If a motor accident results in a fatality in New South Wales, dependants may be eligible for compensation under the Compulsory Third Party (CTP) scheme. However, disputes over the amount or type of compensation can arise between claimants and the Personal Injury Commission (PIC). This article explains what the PIC typically expects when resolving such disputes, the types of compensation available, and practical steps to support a claim.
Types of Compensation for Fatal Motor Accidents
Under NSW CTP laws, dependants of a deceased person may claim compensation for:
- Loss of future income, based on the deceased’s earning capacity.
- Outstanding medical expenses, for treatment received before death.
- Funeral and related costs, including transportation and administrative fees.
- Pain and suffering, if the deceased experienced significant distress before death.
- Care and support costs, for dependants who relied on the deceased’s care.
The PIC evaluates these claims using the Motor Accident Guidelines and considers factors like the deceased’s age, occupation, and life expectancy. For example, a working-age person with no dependants may receive less for loss of income than a parent with children.
How the PIC Assesses Disputes
The PIC uses a structured approach to assess compensation disputes. Key considerations include:
- Medical evidence, Detailed records from doctors, psychologists, and specialists confirming the deceased’s condition and prognosis.
- Accident report, Police or witness statements detailing the incident’s circumstances.
- Financial records, Tax returns, payslips, and bank statements to estimate future income.
- Dependant relationships, Documentation proving the deceased’s financial support, such as school records or care agreements.
The PIC may also review the deceased’s lifestyle, hobbies, and personal circumstances to determine the value of 'pain and suffering.' For instance, a person with a high income and active lifestyle may receive a higher award for this element.
Practical Steps to Resolve Disputes
If the PIC’s decision is disputed, claimants should:
- Request a written explanation of the PIC’s assessment, including the reasoning for any denied claims.
- Submit additional evidence, Such as a second medical opinion or updated financial records.
- Seek internal review, The PIC allows for a review of its decision within 28 days of receiving a written objection.
- Consult a legal professional, If the dispute escalates, a solicitor can help challenge the PIC’s decision through the NSW Civil and Administrative Tribunal (NCAT).
Time Limits and Dispute Resolution
Claimants must notify the PIC of their intention to dispute a decision within 28 days of receiving the assessment. Delays can result in the PIC refusing to reconsider the matter. For example, if the PIC denies a claim for 'loss of income' due to insufficient evidence, the claimant must act quickly to provide additional documentation.
Example of a PIC Dispute
Consider a case where a 45-year-old teacher dies in a collision. The PIC initially denies a claim for 'loss of income' because the deceased’s income records are incomplete. The claimant submits a revised payslip and a letter from the school confirming the deceased’s salary. The PIC then revises its assessment, awarding compensation based on the updated evidence.
When to Seek Legal Advice
Disputes over fatal motor accident compensation can be complex, especially when the PIC’s decision involves medical or financial uncertainties. A solicitor can help:
- Challenge the PIC’s interpretation of the
- Motor Accident Guidelines*.
- Navigate the internal review process.
- Represent the claimant at NCAT if the dispute escalates.
Final Steps for Claimants
If the PIC’s decision is unsatisfactory, claimants should act promptly. The available options depend on the facts of the case, the evidence submitted, and the applicable law. For tailored advice, complete the quick, no obligation enquiry form to request contact about your circumstances.