If your child was injured in a motor accident in Ashfield, time is critical. Parents must act quickly to secure compensation under NSW's Compulsory Third Party (CTP) scheme. The first 72 hours after an accident are crucial for documenting injuries, notifying authorities, and engaging with insurers. This guide explains how to navigate the CTP process for children, including medical assessments, evidence collection, and legal distinctions that apply to minors.
Immediate Actions After a Child Injury
When a child is injured in a motor accident, parents should:
- Seek urgent medical attention - Even minor injuries require assessment by a medical practitioner to determine if they meet the threshold injury definition under the Motor Accident Injuries Act 2017.
- Document the accident - Record details like vehicle registration numbers, witness contact information, and photographs of the scene. SIRA advises keeping a journal of your child's symptoms and treatment.
- Notify the at-fault driver's insurer - CTP claims must be made through the insurer of the vehicle at fault. Delays can jeopardize entitlements to weekly benefits or treatment payments.
Key Differences for Child Claims
Children's claims differ from adults in three key ways:
- Medical assessments - A child's injury must be evaluated by a medical practitioner to determine if it meets the threshold injury definition. SIRA's guidelines specify that soft tissue injuries must include spinal nerve-root signs, excluding radiculopathy unless clinical signs are present.
- Parental consent - Parents must provide consent for medical treatment and claim-related decisions. This includes authorizing the release of medical records to insurers.
- Time-sensitive benefits - If your child's only injuries are threshold injuries, weekly benefits and treatment payments generally stop after 52 weeks. This applies even if the child requires ongoing care.
Evidence That Matters
Insurers will require:
- Medical records - Including specialist reports, imaging, and treatment plans.
- Accident report - From police or the NSW Road Transport Authority.
- Witness statements - Especially if the child was injured as a pedestrian or cyclist.
- Income records - To establish loss of earnings if the child is unable to attend school.
Time Limits and Dispute Options
CTP claims must be made within 52 weeks of the accident. If your child's injuries fall within the threshold injury category, benefits stop after this period. If you dispute an insurer's decision, you can:
- Request a review through the insurer's internal process.
- Lodge a complaint with the NSW Civil and Administrative Tribunal (NCAT) within 28 days of the decision.
- Seek legal advice if the insurer refuses to pay a claim.
When to Seek Legal Advice
Consult a solicitor if:
- The child's injuries exceed threshold injury criteria.
- The insurer disputes the claim's validity.
- You need to understand your child's long-term care options.
- You're unsure whether the accident falls under the CTP scheme.
Example Scenario
A 7-year-old child is hit by a car while riding a bike in Ashfield. The child has a soft tissue injury with neurological signs but no radiculopathy. A medical practitioner confirms the injury meets the threshold injury definition. The family must notify the at-fault driver's insurer within 52 weeks to claim weekly benefits and treatment payments. If the child's injuries worsen after 52 weeks, the family may need to pursue a common law claim.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.