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).
When disputes arise over reversing vehicle accidents in Auburn, the Prescribed Injury Claimant (PIC) under NSW's Compulsory Third Party (CTP) scheme expects specific evidence and documentation to support claims. This article explains what the PIC requires, how SIRA interprets these expectations, and practical steps to resolve disputes.
What the PIC Requires in Reversing Accident Disputes
The PIC, managed by SIRA (State Insurance Regulatory Authority), prioritizes objective evidence to determine eligibility for statutory benefits. For reversing accidents, claimants must provide:
- Medical records confirming injuries, including imaging and specialist reports
- Accident reports detailing the incident, including vehicle positions and witness statements
- Photographs of the scene showing damage and vehicle positioning
- Witness details to corroborate account of events
- Medical opinion linking injuries to the accident, especially for soft-tissue injuries
- SIRA emphasizes that injuries must meet the
- Motor Accident Guidelines* criteria. For example, spinal nerve-root injuries requiring neurological signs (not just radiculopathy) may qualify as threshold injuries under the
- Motor Accident Injuries Act 2017*.
SIRA's Interpretation of PIC Expectations
SIRA distinguishes reversing accidents from other collision types by focusing on:
- Vehicle positioning evidence (e.g., CCTV, skid marks, or vehicle damage patterns)
- Injury causation - injuries must result directly from reversing actions, not pre-existing conditions
- Fault determination - while fault doesn't directly affect statutory benefits, it may influence eligibility for common law damages
In 2023, SIRA clarified that injuries from reversing vehicles in driveways or car parks are eligible if they meet the threshold injury definition. However, disputes often arise when claimants fail to document vehicle positioning or provide sufficient medical evidence.
Dispute Resolution Options in Auburn
If a claimant disagrees with a PIC decision, they can:
- Request an internal review with SIRA within 28 days of the decision
- Seek mediation through the NSW Civil and Administrative Tribunal (NCAT) for disputes over benefits or entitlements
- Appeal to the District Court for matters involving compensation amounts or legal interpretation
Key considerations:
- Internal reviews are limited to new evidence or errors in the original decision
- Medical disputes must be resolved through SIRA's medical review process before escalating
- Claimants must act promptly
- time limits apply for all dispute stages
Practical Steps for Claimants
To avoid disputes:
- Document the accident immediately with photos, witness statements, and vehicle positioning
- Seek medical attention within 24 hours and report injuries to SIRA within 14 days
- Keep all correspondence with insurers and SIRA
- Request a copy of the PIC decision and review it for compliance with the
- Motor Accident Injuries Act 2017*
A 2024 SIRA case in Auburn highlighted that claimants who failed to document vehicle positioning were denied benefits, even when injuries were confirmed. This underscores the PIC's strict evidentiary requirements.
When to Seek Legal Advice
Consult a solicitor if:
- The PIC decision is disputed and internal review fails
- There are conflicts between statutory benefits and common law damages
- The claim involves complex medical or legal issues
- Time limits for dispute resolution are approaching
Legal professionals can help navigate SIRA's processes, challenge decisions, and ensure all evidence meets PIC standards.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.