What Changed for Child Injury Claims After the 2017 CTP Reforms?
Since the Motor Accident Injuries Act 2017 came into effect, claims for children injured in motor accidents in New South Wales have been governed by a revised legal framework that prioritises prompt access to treatment and care, while introducing new thresholds for claiming damages. The reforms did not alter the fundamental principle that children injured in motor accidents are entitled to compensation for injuries, but they changed how that compensation is assessed and delivered. The most significant change is the introduction of a threshold injury system that limits access to damages for non-catastrophic injuries, including those sustained by children. This means that even if a child is injured in a motor accident, they may not be able to claim damages unless their injuries meet a higher threshold of severity. The reforms also strengthened the role of the State Insurance Regulatory Authority (SIRA) in overseeing claims and ensuring consistency across the state, including in regional areas such as Armidale.
How the 2017 Reforms Affect Compensation for Children
Under the current framework, a child injured in a motor accident is first entitled to treatment and care benefits, which cover medical treatment, rehabilitation, and support services. These benefits are available regardless of fault and are intended to help the child recover as quickly as possible. The 2017 reforms made these benefits more accessible and streamlined the process for accessing them. However, the ability to claim damages, such as for pain and suffering, loss of enjoyment of life, or future care needs, depends on whether the child’s injuries meet the threshold for a serious injury.
A child’s injuries may still qualify as a threshold injury even if they involve soft tissue, such as whiplash or a sprain, if they result in a permanent impairment of at least 10% to the whole person. The Motor Accident Guidelines define these thresholds and require medical evidence, including an independent assessment by a qualified medical practitioner, to determine whether the injury meets the criteria. For children, this assessment considers developmental impact, functional limitations, and long-term effects on education, social participation, and daily activities. Importantly, if a child’s only injuries are deemed threshold injuries, they are generally not entitled to damages under the Act, and their weekly income payments and treatment benefits may be limited after 52 weeks.
Practical Steps and Evidence That Matter
Families seeking compensation for a child injured in a motor accident should act promptly to preserve evidence and meet procedural requirements. The first step is to seek medical attention immediately after the accident, even if the child appears to have only minor symptoms. Delayed symptoms, particularly in children, are common and must be documented. Medical records, including diagnostic imaging, clinical notes, and reports from treating practitioners, are essential.
Other key evidence includes:
- A police report, if one was filed
- Photographs of the accident scene, vehicle damage, and any visible injuries
- Witness statements, particularly from adults who observed the accident or the child’s condition immediately after
- School or educational records showing changes in academic performance or attendance
- Records of any therapy, counselling, or specialist assessments received
Families should notify the insurer of the at-fault driver’s CTP insurer as soon as possible. This is typically done through the claim form available on the SIRA website. Failure to notify within a reasonable time may affect entitlement to benefits.
Time Limits and When to Seek Advice
There are time limits that apply to motor accident claims in NSW. A claim for treatment and care benefits must be made within two years of the accident. A claim for damages must be made within three years. These deadlines are strict and apply regardless of the child’s age. The claim must be made by the child, or by a legal guardian on their behalf, before the time limit expires.
If a claim is disputed, such as when the insurer challenges the nature or severity of the child’s injuries, families may seek a review through SIRA or apply to the Civil and Administrative Tribunal (NCAT) for a determination. Disputes over impairment assessments, treatment plans, or the classification of injuries as threshold or non-threshold are common and often require expert medical evidence.
A realistic example: A 10-year-old child in Armidale was injured in a minor collision while a passenger in a car. The child developed persistent headaches, difficulty concentrating, and emotional distress over several months. After a medical assessment confirmed a 12% whole person impairment due to a mild traumatic brain injury, the family submitted a claim. The insurer initially refused damages on the grounds that the injury was not serious enough. The family sought a second opinion and submitted a report from a paediatric neuropsychologist. SIRA later determined the injury met the threshold, and the family was awarded damages for pain and suffering and future care needs.
Next Steps for Families in Armidale and Across NSW
The 2017 reforms have shifted the focus of child injury claims from automatic entitlement to damages to a more evidence-based system that assesses injury severity and long-term impact. Families must act quickly, gather strong evidence, and understand the threshold requirements to secure appropriate compensation. The legal process can be complex, particularly when assessing developmental and functional impacts on a child.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.