If your child was injured in a motor accident in New South Wales, taking the right steps as soon as possible is critical. Under the NSW Compulsory Third Party (CTP) scheme, claims for child injuries are governed by the Motor Accident Injuries Act 2017. This article explains the immediate actions you should take, how SIRA handles child injury claims, and the evidence you need to support your case.
Immediate Actions After a Child Injury
The first priority is ensuring your child receives urgent medical attention. Even minor injuries should be assessed by a medical practitioner to determine their severity. Document the accident scene by taking photos of the vehicle, road conditions, and any visible injuries. If your child is a pedestrian or cyclist, note the location and time of the incident.
You must notify the State Insurance Regulatory Authority (SIRA) within 52 weeks of the accident. This is a legal requirement under the Motor Accident Injuries Act 2017. Delaying notification could jeopardise your claim, especially if your child’s injuries fall within the 'threshold injury' definition. SIRA will assess whether your child qualifies for benefits like weekly income payments or treatment and care benefits.
What SIRA Requires for Child Injury Claims
SIRA evaluates claims based on the Motor Accident Guidelines, which define 'threshold injury' as a soft tissue injury with neurological signs. For example, a child with a minor head injury causing temporary dizziness or a sprained wrist might qualify. However, injuries like a broken arm or concussion may fall under the 'whole person impairment' category, which could entitle your child to additional compensation.
If your child’s injury is classified as a threshold injury, benefits are generally limited to 52 weeks under the Act. After this period, SIRA may stop payments unless your child’s condition worsens. This distinction is crucial: threshold injuries are treated as short-term, while more severe injuries may result in long-term or lifelong support.
Key Evidence for Early Stages of a Claim
To support your claim, gather the following:
- Medical records showing the injury’s date, type, and treatment.
- Witness statements from people who saw the accident.
- Photographs of the accident scene, vehicle damage, and your child’s injuries.
- Income records if your child is a full-time student or has lost income due to the injury.
- Correspondence with SIRA, including any notifications or responses.
A hypothetical example: If your child was hit by a car while riding a bike and suffered a minor concussion, you must report the incident to SIRA within 52 weeks. Medical records confirming the concussion and a police report would strengthen your claim.
Time Limits and When to Seek Advice
The 52-week time limit for reporting injuries applies to all CTP claims, including those involving children. If your child’s injury is not a threshold injury, there is no automatic time limit, but delays can still affect your ability to prove the injury’s impact.
Disputes may arise if SIRA disputes the injury’s severity or the claimant’s entitlement. In such cases, seeking legal advice is advisable. A solicitor can help challenge SIRA’s assessment or negotiate a better outcome.
Next Steps
If your child’s injury falls within the threshold injury definition, benefits will stop after 52 weeks unless the injury worsens. For non-threshold injuries, the process is more complex, and you may need to pursue a common law damages claim separately. Always act quickly and consult a legal professional if you’re unsure about your options.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.