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).
If your child was injured in a motor accident in New South Wales, compiling the right evidence is critical to support a claim under the NSW Compulsory Third Party (CTP) scheme. This guide explains what documentation is required, how to organize medical evidence, and key steps to complete a claim checklist for children. The NSW CTP scheme covers injuries caused by motor vehicles, but the process differs when a child is involved. Understanding the required records and procedures ensures you meet legal deadlines and strengthen your claim.
What Documentation is Required for a Child Injury Claim?
Under the Motor Accident Injuries Act 2017, claims for child injuries must include specific evidence to prove the injury, its connection to the accident, and the impact on the child. Key documents include:
- Medical records: Detailed reports from doctors, specialists, and allied health professionals confirming the injury, treatment, and prognosis. For children, this includes paediatrician notes and specialist assessments.
- Accident report: A written account from the driver, police report, or witness detailing the incident, including vehicle details, location, and time.
- Witness statements: Statements from people who saw the accident, including school staff or family members, to corroborate the event.
- Photographs: Images of the injury site, vehicle damage, and any visible effects of the accident.
- Income records: Proof of the child’s pre-accident income, if applicable, to support claims for lost earnings.
- School or care records: Evidence of the child’s pre-accident routine, such as attendance records or activity logs, to demonstrate disruption.
How to Organize Medical Evidence for a Child Injury Claim in Albury?
Medical documentation is the cornerstone of any child injury claim. For example, if a child suffered a soft-tissue injury requiring physiotherapy, you must provide:
- A medical certificate confirming the injury meets the
- threshold injury* definition under the Motor Accident Guidelines.
- Records of all treatments, including therapy sessions, medications, and follow-up appointments.
- A report from a specialist (e.g., a paediatric neurologist) if the injury involves neurological symptoms.
SIRA’s guidelines emphasize that evidence must clearly link the injury to the accident. For instance, if a child was injured in a car park, the medical records must show the injury occurred at that location and was caused by the motor vehicle incident.
Key Steps to Complete a CTP Claim Checklist for Children
- Report the claim promptly: Notify the at-fault driver’s insurer within 52 weeks of the accident. Delays may reduce benefits for threshold injuries.
- Gather all evidence: Ensure medical records, witness statements, and accident reports are complete and dated.
- Seek independent medical assessment: If there is a dispute over the injury’s severity, an independent report from a registered medical practitioner may be required.
- a Submit the claim through SIRA: Use the NSW Government’s online portal or contact SIRA directly to lodge the claim.
Time Limits, Disputes and When to Seek Advice
Under the Motor Accident Injuries Act 2017, claims must be submitted within 52 weeks for injuries that only meet the threshold injury definition. If the child’s injuries exceed this threshold, there is no strict time limit, but delays can complicate proving the injury’s connection to the accident. Disputes over the injury’s severity or the claim’s validity may require legal assistance to challenge incorrect assessments or negotiate fair compensation.
When to Seek Legal Advice
While the CTP scheme provides a structured process, complex cases, such as those involving long-term care needs, multiple injuries, or disputes over fault, may require a solicitor to ensure all legal requirements are met. A lawyer can also help navigate issues like overlapping workers’ compensation claims or interstate accidents.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.