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 a reversing vehicle causes injury in a driveway, car park or private property in NSW, the PIC (Personal Injury Commission) assesses claims based on strict CTP rules. This article explains what evidence insurers expect, how disputes are resolved in Illawarra and South Coast, and how SIRA guidelines apply to reversing accidents. Understanding these factors can help claimants navigate the process effectively.
What Evidence Do PICs Require for Reversing Accidents?
PICs evaluate claims by assessing whether the accident meets the legal definition of a 'motor accident' under the Motor Accident Injuries Act 2017. For reversing accidents, key evidence includes:
- Accident reports from the driver or witnesses detailing the incident
- Photographs of the scene, vehicle damage and any visible injuries
- Medical records confirming injuries and linking them to the accident
- Witness statements from people who saw the reversing vehicle
- Vehicle registration and insurance details to confirm the driver's liability
PICs often dispute claims where injuries are minor or not clearly connected to the reversing incident. SIRA guidelines stress that injuries must be 'reasonably foreseeable' from the accident to qualify for benefits.
How Do PICs Handle Disputes in Illawarra and South Coast?
In regional areas like Illawarra and South Coast, PICs may apply stricter scrutiny due to fewer claims and higher case volumes. Disputes often arise over:
- Whether the reversing vehicle was 'in motion' at the time of impact
- Whether the injured person was 'in or on' a vehicle (a key legal test for CTP claims)
- Whether the accident occurred on a public road or private property
SIRA's 2023 guidelines clarify that reversing vehicles are considered 'in motion' even if they're moving slowly. However, PICs may challenge claims where the injured person was not 'in or on' a vehicle, such as a pedestrian struck by a reversing car.
Key SIRA Guidelines for Reversing Accidents
SIRA's Motor Accident Claims page outlines that reversing accidents are treated like any other motor accident, but claimants must prove:
- The accident occurred on a road or public place
- The injured person was in or on a vehicle
- The injury was caused by the reversing vehicle
A 2025 case from Wollongong highlights how PICs apply these rules. A cyclist injured by a reversing delivery van was denied benefits because the accident occurred on a private driveway. SIRA later overturned the decision after the claimant provided a witness statement confirming the vehicle was reversing.
Practical Steps for Claimants
To strengthen your claim:
- Document the accident immediately with photos and witness details
- Seek medical attention within 24 hours to establish a clear injury timeline
- Submit a written claim to the PIC within 52 weeks of the accident (per s 3.28 of the Motor Accident Injuries Act 2017)
- Keep records of all correspondence with insurers and medical providers
If the PIC disputes your claim, you can request a review under the Personal Injury Commission's internal review process. However, SIRA warns that challenges do not guarantee a changed decision.
Time Limits and When to Seek Advice
Claimants must notify the PIC within 52 weeks of the accident. After this period, benefits like weekly payments or treatment benefits generally stop unless the injury is classified as a 'threshold injury' (per s 4.4 of the Motor Accident Injuries Act 2017). For disputes over threshold injuries, claimants should seek legal advice before the 52-week deadline.
Next Steps
Understanding how PICs evaluate reversing accidents is crucial for claimants in Illawarra and South Coast. While SIRA guidelines provide a framework, each case depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.