If your child was injured in a motor accident in the Blue Mountains or Nepean regions of NSW, understanding what evidence to preserve is critical for a Compulsory Third Party (CTP) claim. Under NSW law, claims for child injuries must be supported by specific records to prove the injury’s nature, impact, and connection to the accident. This article explains the evidence required, how to preserve records, and how SIRA’s CTP guidelines apply to child injury claims in regional NSW.
NSW CTP Rules for Child Injury Claims
NSW’s Motor Accident Injuries Act 2017 governs CTP claims, including those involving children. Key principles include:
- Threshold injuries must meet specific medical criteria, such as spinal nerve-root injuries with neurological signs (excluding radiculopathy unless clinical signs are present).
- Soft tissue injuries like whiplash may qualify if they meet the Motor Accident Guidelines’ definition.
- Weekly benefits and treatment payments are available for injuries resulting in loss of income or care needs.
For children, evidence must demonstrate the injury’s impact on their development, mobility, or daily activities. SIRA’s guidelines emphasize that claims must be based on objective medical evidence, not subjective reports.
Practical Steps and Evidence to Preserve
To support a child injury claim, preserve the following records:
- Medical records: Include diagnosis, treatment plans, and any reports confirming the injury meets threshold criteria. For example, a doctor’s note stating the child has a spinal nerve-root injury with neurological signs.
- Accident details: Document the date, time, location, and circumstances of the accident. If the incident occurred in a car park or on a private road, note the location’s legal classification (e.g., public vs. private property) as this may affect CTP eligibility.
- Witness statements: Obtain statements from witnesses, including any road users or bystanders. For example, a cyclist’s account of a car door opening suddenly.
- Photographs and videos: Capture the accident scene, vehicle damage, and any visible injuries. Ensure the images include timestamps and location markers.
- Income and care records: For children requiring long-term care, provide evidence of lost income for parents or the cost of care. This includes receipts for therapy sessions or medical equipment.
Time Limits and Dispute Resolution
NSW CTP claims must be submitted within 52 weeks of the accident if the injury is classified as a threshold injury. After this period, benefits are generally limited unless the injury results in a whole-person impairment of 10% or more. For non-threshold injuries, claims must be made within 52 weeks of the injury’s onset.
If the insurer disputes the claim, you may need to:
- Request a review with the insurer, providing additional medical evidence.
- Seek independent medical assessment if the injury’s severity is contested.
- Contact SIRA for guidance on dispute resolution processes.
When to Seek Legal Advice
While SIRA provides resources for self-managed claims, complex cases, such as those involving multiple injuries, long-term care needs, or disputes over fault, may require legal assistance. A solicitor can help navigate the 52-week deadlines, ensure all evidence is properly submitted, and challenge incorrect decisions.
Example Scenario
Consider a 7-year-old child injured in a car door collision in the Blue Mountains. The child’s doctor documents a soft tissue injury with neurological signs, meeting the threshold injury criteria. The family preserves medical records, photographs of the accident scene, and receipts for therapy sessions. This evidence supports a claim for weekly benefits and treatment payments under the CTP scheme.
Next Steps
CTP claims depend on the specific facts of each case. To request contact about your circumstances, complete the quick, no obligation enquiry form. Every claim depends on its own facts.