What the PIC Requires in Hit-and-Run 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).
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).
If you've been involved in a hit-and-run accident in NSW and the responsible driver cannot be identified, the Personal Injury Commission (PIC) has specific expectations for resolving disputes. Under the Motor Accident Injuries Act 2017, the PIC manages claims for injuries caused by unidentified vehicles, but claimants must meet certain criteria to qualify for benefits. The PIC prioritizes evidence that establishes the injury’s connection to the accident and the claimant’s entitlement to compensation.
Legal Framework for Unidentified Vehicle Claims
NSW’s Compulsory Third Party (CTP) scheme covers injuries from motor vehicle accidents, including hit-and-run incidents. However, the PIC requires claimants to demonstrate that the injury resulted from the accident and that the claimant is eligible under the scheme. For unidentified vehicles, the PIC may rely on alternative evidence, such as witness statements, CCTV footage, or police reports, to establish the claim.
Key legal principles include:
- Threshold injuries: The PIC evaluates whether the injury meets the threshold injury definition under the Motor Accident Guidelines. This typically requires neurological signs or a spinal nerve-root injury.
- Statutory benefits: If the injury is below the threshold, benefits are limited to 52 weeks under the Act.
- Dispute resolution: The PIC may require claimants to provide additional evidence or undergo a review if the claim is contested.
Evidence and Practical Steps for Disputes
To support a claim in a hit-and-run dispute, you must gather and preserve evidence that links the injury to the accident. Critical evidence includes:
- Medical records showing the injury’s connection to the accident.
- Witness statements from people who saw the incident.
- CCTV footage or photographs of the scene.
- Police reports documenting the accident and any investigation.
- Income records to support claims for lost earnings.
The PIC may also request a medical review to assess the injury’s severity and its relation to the accident. If the claim is disputed, the PIC will evaluate whether the evidence meets the legal standard for compensation.
When to Seek Advice
Disputes over unidentified vehicle claims can be complex. The PIC may require claimants to provide additional evidence or challenge the claim if the injury does not meet the threshold. In such cases, it is essential to seek legal advice to:
- Understand the PIC’s specific requirements for your injury.
- Challenge a decision if you believe the claim was wrongly denied.
- Navigate the process for reviewing or disputing a claim.
If the PIC denies your claim, you may have the right to request a review or escalate the matter to the NSW Civil and Administrative Tribunal (NCAT). However, the outcome depends on the evidence and the specific circumstances of your case.
Example of a Dispute Scenario
Consider a claimant who was hit by an unidentified vehicle and suffered a soft-tissue injury. The PIC may dispute the claim if the injury does not meet the threshold injury definition. For example, if the claimant only has minor bruising without neurological signs, the PIC may argue the injury is below the threshold. In such cases, the claimant must provide additional evidence, such as medical imaging or a doctor’s report, to support the claim.
Next Steps
If you are involved in a hit-and-run claim and the PIC is disputing your entitlement, it is crucial to act promptly. The PIC has strict time limits for processing claims, and delays can affect your ability to receive benefits. To request contact about your circumstances, complete the quick, no obligation enquiry form.