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, understanding the required documentation for a CTP claim is critical. The Motor Accident Injuries Act 2017 and NSW CTP rules govern claims for children, with specific considerations due to their age and vulnerability. This guide outlines the evidence needed, how it differs from adult claims, and steps to take to support a child injury claim.
Key Documentation for Child Injury Claims
To establish a valid CTP claim for a child injury, you must gather specific evidence. The New South Wales Motor Accident Claims Authority (SIRA) outlines that documentation must prove the injury’s connection to the accident and demonstrate the child’s entitlement to benefits. Essential records include:
- Medical records: Detailed reports from doctors, specialists, and allied health professionals confirming the injury’s nature, severity, and treatment. For children, this must include age-appropriate assessments.
- Accident details: Police reports, witness statements, and photographs of the scene. For children, additional evidence like school records or daycare notes may show how the injury impacted their routine.
- Income and care records: Proof of lost income for parents or guardians, and evidence of additional care costs. For children under 18, this often involves financial records from caregivers.
- Medical opinion: A specialist’s report confirming the injury meets the threshold for statutory benefits under the Motor Accident Guidelines. For children, this may require paediatric input.
Differences from Adult Claims
Child injury claims differ from adult claims in three key ways. First, documentation must account for developmental factors, such as a child’s ability to communicate symptoms or the impact of injury on growth. Second, parental consent is required for medical records and legal actions. Third, the 52-week statutory benefit period applies differently: if a child’s only injuries are threshold injuries, benefits stop after 52 weeks, but long-term care needs may extend this.
Practical Steps to Collect Evidence
After an accident, take these steps:
- Seek immediate medical attention to document the injury. Ensure all records specify the injury’s relation to the accident.
- Preserve accident evidence like vehicle registration numbers, witness contact details, and CCTV footage.
- Notify the at-fault driver’s insurer via the CTP scheme. SIRA advises submitting claims within 52 weeks of the accident, though extensions may apply for children with ongoing treatment.
- Consult a medical expert to assess whether the injury meets the threshold for statutory benefits. For children, this often involves a paediatrician or child psychologist.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident, unless an extension is granted. For children, delays in treatment or diagnosis may affect this deadline. If the insurer disputes the claim, you may:
- Request a review by SIRA’s dispute resolution process.
- Seek independent medical opinions to challenge the insurer’s assessment.
- Consider legal advice if the claim involves long-term care needs or disputes over impairment ratings.
When to Seek Legal Advice
While SIRA provides a framework for claims, complex cases often require legal assistance. Contact a solicitor if:
- The child’s injury involves long-term or permanent impairment.
- The insurer denies the claim without valid reasoning.
- The accident occurred in a car park, driveway, or private property where liability is unclear.
- You need help navigating the 52-week statutory benefit period for a child with ongoing treatment.
Final Checklist Summary
To ensure your child injury claim meets NSW CTP requirements, verify you have:
- Complete medical records linking the injury to the accident.
- Evidence of financial impact on your household.
- Witness statements and accident reports.
- A specialist’s opinion confirming threshold injury.
- Proof of timely submission within the 52-week period.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.