If your child was injured in a motor accident in Bankstown, understanding NSW's Compulsory Third Party (CTP) compensation rules is critical. Families should act quickly to preserve evidence, seek medical attention, and notify SIRA. This article explains the practical steps to take, how SIRA handles child injury claims, and what evidence is needed to support a claim under NSW law.
Immediate Actions After a Child Injury
When a child is injured in a motor accident, the first priority is ensuring their medical needs are addressed. Families should:
- Seek immediate medical attention - Even minor injuries require professional assessment to identify potential long-term issues.
- Document the accident scene - Take photos of the vehicle, road conditions, and any visible injuries.
- Record witness details - Note names, contact information, and statements from witnesses.
- Notify SIRA - Claims must be reported to the State Insurance Regulatory Authority (SIRA) within 52 weeks of the accident. Delays may reduce benefits.
How SIRA Handles Child Injury Claims
SIRA administers NSW's CTP scheme, which covers injuries from motor vehicle accidents. For children, claims are processed under the same rules as adults, but additional documentation may be required. Key considerations include:
- Age of the child - SIRA considers the child's capacity to understand their injuries and make decisions.
- Parental involvement - Parents or guardians must submit claims on behalf of the child.
- Threshold injuries - Minor injuries like whiplash or soft tissue damage may qualify for statutory benefits under the Motor Accident Injuries Act 2017.
Evidence Needed for a Child's Claim
SIRA requires specific evidence to support a claim. Families should gather:
- Medical records - Including diagnoses, treatment plans, and notes from doctors.
- Accident reports - From police or SIRA.
- Income records - To claim weekly income support if the child is unable to attend school.
- Witness statements - From parents, teachers, or bystanders.
- Photographs - Of injuries, the accident scene, and vehicle damage.
Time Limits and Dispute Options
Claims must be submitted to SIRA within 52 weeks of the accident. If a child's injuries are classified as 'threshold injuries' (under the Motor Accident Guidelines), benefits may stop after 52 weeks unless they meet the whole person impairment threshold. Families should review SIRA's decision within 28 days and request a review if they disagree.
When to Seek Legal Advice
While SIRA handles most claims, families should consult a lawyer if:
- The child's injuries require long-term care.
- There are disputes over fault or compensation.
- The claim exceeds the standard benefits.
Example Scenario
A 7-year-old child is injured in a car accident in Bankstown. The child is diagnosed with a soft tissue injury (threshold injury) and requires medical treatment. The family submits a claim to SIRA, providing medical records and witness statements. SIRA approves treatment benefits but stops payments after 52 weeks. The family requests a review, arguing the child's recovery is uncertain.
Next Steps
CTP claims depend on the accident date, injury type, and evidence collected. Families should act promptly to preserve their rights. For personalized guidance, complete the quick, no obligation enquiry form to request contact about your circumstances.