If your child was injured in a motor accident in Bathurst, the 2017 NSW CTP reforms changed how compensation is calculated and what evidence is needed. This article explains the key legal changes, practical steps to take in the first month, and how insurers assess claims for children. The reforms introduced a more complex system with distinct benefits for threshold injuries, long-term impairments, and lifetime care, requiring careful documentation to ensure your child’s claim is properly evaluated.
Key Changes to Child Injury Claims After 2017
The 2017 reforms replaced the old no-fault system with a scheme that separates statutory benefits from common law damages. For children, this means:
- Threshold injuries (soft tissue injuries meeting specific clinical criteria) now qualify for 52 weeks of weekly benefits and treatment, but claims must demonstrate a spinal nerve-root injury with neurological signs.
- Long-term impairments (whole person impairment over 10%) may entitle the child to ongoing compensation, including lifetime care if needed.
- Fault no longer determines eligibility for statutory benefits, but insurers may still assess fault when determining damages.
Parents must ensure medical records clearly document the injury’s severity, as the new scheme requires precise clinical evidence to qualify for benefits. For example, a child with a sprained wrist may receive 52 weeks of weekly payments, but a fractured arm with long-term mobility issues could qualify for additional compensation.
Immediate Steps to Take in the First Month
After a child is injured in a motor accident, parents should:
- Seek immediate medical attention to document the injury, even if it seems minor. A GP or specialist report is critical for proving the injury’s nature and severity.
- Preserve accident details: Collect witness statements, photographs of the scene, and police reports. For example, if the accident occurred at a car park in Bathurst, note the time, location, and vehicle details.
- Notify the at-fault driver’s insurer within 10 days to avoid delays. Under the new scheme, insurers may require a medical report before approving benefits.
- Keep records of all expenses: Include medical bills, lost income for caregivers, and any out-of-pocket costs. These may support claims for treatment and care benefits.
How Insurers Assess Child Injury Claims
Insurers evaluate claims based on the Motor Accident Guidelines and the child’s medical evidence. Key factors include:
- Type of injury: Threshold injuries (e.g., whiplash) receive 52 weeks of weekly benefits, while long-term impairments may qualify for ongoing payments.
- Medical documentation: A specialist’s report must confirm the injury meets the threshold or impairment criteria. For example, a child with a spinal nerve-root injury requiring neurological testing may qualify for more benefits.
- Fault and contributory negligence: While statutory benefits don’t depend on fault, insurers may assess fault when determining damages. If the child was partially at fault (e.g., riding without a helmet), this could affect the outcome.
Common Mistakes to Avoid
Parents should avoid:
- Delaying medical care: A delayed diagnosis may invalidate claims for threshold injuries.
- Not documenting the accident: Missing details like vehicle registration numbers or witness names can weaken the claim.
- Ignoring insurer deadlines: Failing to notify the insurer within 10 days may result in a refusal of benefits.
When to Seek Legal Advice
If your child’s injury involves long-term impairments, complex medical treatment, or disputes over benefits, a solicitor can help. Legal advice is especially useful if the insurer denies a claim or disputes the severity of the injury. Always ensure all evidence is collected and submitted promptly to maximise the chances of a fair outcome.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.