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).
Children injured in motor accidents face unique recovery challenges that directly affect compensation claims under NSW's Compulsory Third Party (CTP) scheme. This article explains how SIRA assesses daily activity limitations for child injury claims, outlines practical steps for families, and highlights regional considerations for Illawarra and South Coast residents.
How CTP Claims Account for Daily Activity Recovery
NSW CTP claims for children focus on how injuries impact essential daily tasks like school attendance, play, and self-care. SIRA's Motor Accident Guidelines state that compensation depends on whether the child can perform these activities as before the accident. For example, a child with a broken leg may qualify for treatment benefits if they cannot walk to school, but claims must demonstrate a direct link between the injury and daily limitations.
The Motor Accident Injuries Act 2017 specifies that weekly income benefits and treatment payments are available for injuries preventing children from engaging in routine activities. SIRA's 'What you can claim' page confirms that claims must show how the injury affects the child's ability to participate in normal daily life, including school, hobbies, and family routines.
Practical Steps for Families
To support a CTP claim, families should:
- Document the child's pre-accident daily activities (e.g., school schedule, playtime)
- Keep medical records showing how the injury impacts mobility or coordination
- Gather evidence of daily activity limitations (e.g., school reports, therapist notes)
- Preserve witness statements from teachers, caregivers, or playmates
For regional claims in Illawarra and South Coast, families should contact local CTP insurers directly. SIRA's 'Making a motor accident claim' guide advises submitting evidence through the insurer's claims portal, with specific instructions for children's claims.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident for treatment benefits, per the Motor Accident Injuries Act 2017 s 4.4. However, claims for long-term daily activity limitations may require extending this period if the child's recovery is uncertain. Families should note that disputes over daily activity assessments can be escalated to SIRA's review process, which evaluates whether claims meet the 'threshold injury' criteria.
A hypothetical example: A 10-year-old cyclist with a fractured wrist may struggle to ride their bike or participate in PE class. SIRA would assess whether the injury prevents them from engaging in 'normal daily activities' as defined in the Motor Accident Guidelines. If the child requires a wheelchair for school, this would strengthen the claim for treatment benefits.
When to Seek Legal Advice
Families should consult a solicitor if:
- The child's injuries require ongoing medical treatment
- Daily activity limitations are unclear or disputed
- The insurer denies a claim without explanation
- The accident occurred on private property or a car park
Legal professionals can help navigate SIRA's assessment criteria and ensure claims reflect the child's specific recovery needs. Time limits for CTP claims depend on the accident date and injury type, making early legal consultation crucial for families in Illawarra and South Coast.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.