Traumatic brain injury or just psychological injury?

In brief

• A Claimant is not entitled to ongoing statutory benefits or common law damages if the only injuries they sustain in a motor accident are threshold injuries.
• Section 1.6 of the Motor Accident Injuries Act 2017 (MAIA) provides that a "soft tissue injury" is a "threshold injury".

Facts

The Personal Injury Commission (PIC) published its decision in Hajipavlou v Allianz Australia Insurance Limited [2025] NSWPICMP 20 on 22 January 2025.

The Claimant was involved in a motor accident on 17 February 2019 when she was travelling as a passenger in a vehicle, which was subsequently T-boned by the Insured vehicle.

The Claimant alleged a traumatic brain injury, together with injuries her cervical spine, left arm, right arm and chest.