What the PIC Requires in Uninsured Driver 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).
When an uninsured driver causes an accident in NSW, the Personal Injury Commission (PIC) manages claims under the Motor Accident Injuries Act 2017. The PIC expects claimants to provide specific evidence to support their case, particularly when disputes arise over coverage or injury assessments. For example, if a claimant disputes the PIC’s decision to limit benefits after 52 weeks, they must demonstrate that their injuries meet the threshold injury criteria outlined in the Motor Accident Guidelines.
Key Evidence for Uninsured Driver Claims
The PIC prioritizes documented evidence to assess claims. This includes:
- Medical records confirming injuries and treatment
- Police reports or accident statements detailing the incident
- Witness statements or contact details
- Proof of income loss or medical expenses
- Documentation of the uninsured driver’s lack of valid CTP cover
In Newcastle and Hunter, claimants should also verify the at-fault driver’s registration with NSW Transport to confirm no valid insurance exists. SIRA’s guidelines emphasize that evidence must directly link the accident to the injuries and demonstrate compliance with the threshold injury definition.
Dispute Resolution and PIC Expectations
If a claimant disagrees with the PIC’s assessment, they must follow the formal dispute process outlined in the Motor Accident Injuries Act 2017. This includes:
- Submitting a written objection within 28 days of the PIC’s decision
- Requesting a review by a senior PIC officer
- Seeking independent medical assessment if the injury’s severity is contested
The PIC may request additional evidence, such as a second opinion from a registered medical practitioner. It’s important to note that disputes do not automatically result in a revised decision. The PIC evaluates all evidence against the statutory criteria, including the 52-week limit for benefits after threshold injuries.
Time Limits and Practical Steps
Claims must be submitted within 52 weeks of the accident, unless an extension is granted. For disputes, the 28-day objection period is critical. Claimants should:
- Preserve all accident-related documents
- Notify the PIC of any new evidence within the required timeframe
- Seek legal advice if the dispute involves complex medical or financial issues
In the Newcastle and Hunter regions, claimants may also contact the NSW Workers’ Compensation Commission to check for overlapping claims, as the PIC does not cover work-related injuries.
When to Seek Independent Advice
Disputes over uninsured driver claims often require expert assistance. The PIC may not consider evidence that contradicts its assessment unless it meets the statutory threshold. For example, if a claimant disputes the PIC’s determination that an injury is not a threshold injury, they must provide clinical evidence matching the Motor Accident Guidelines’ criteria. Legal professionals can help navigate these requirements and ensure all documentation meets the PIC’s standards.
Next Steps
Time limits and procedural requirements can significantly impact the outcome of an uninsured driver claim. To request contact about your circumstances, complete the quick, no obligation enquiry form.