If your child was injured in a motor accident in Greater Sydney, preserving evidence is critical to support a CTP claim under NSW law. The Motor Accident Injuries Act 2017 (MAIA) governs compensation for injuries, and proper documentation helps establish the facts of the accident, the nature of the injury, and the claimant’s entitlements. This guide explains what evidence to keep, how it supports your claim, and key considerations for parents and guardians.
What Evidence Matters for Child Injury Claims
Under NSW CTP rules, evidence must demonstrate the accident occurred, the injury resulted from the accident, and the injury meets the legal threshold for compensation. Key records include:
- Medical records: Detailed documentation from doctors, specialists, and allied health professionals is essential. This includes diagnosis, treatment plans, and any reports confirming the injury’s connection to the accident.
- Accident reports: Police reports, witness statements, and incident reports from the scene provide context. For example, if your child was hit by a car while crossing a road, a report noting the vehicle’s speed or traffic conditions strengthens the claim.
- Insurance information: Obtain the other driver’s insurance details, including their insurer’s name and policy number. CTP claims are handled by the at-fault driver’s insurer, and this information is required to initiate the process.
- Photographs and videos: Document the accident scene, vehicle damage, and your child’s injuries. For instance, a photo of a scraped knee or bruising can support medical records.
- Witness contact details: Names, phone numbers, and addresses of witnesses who saw the accident are vital. A school staff member who noticed your child’s symptoms after the accident could provide valuable testimony.
How the NSW CTP System Handles Child Injury Claims
The MAIA outlines what you can claim under CTP, including treatment and care benefits, weekly income payments, and lump sum damages for permanent impairments. For children, the legal threshold for compensation is lower than for adults. Under the Motor Accident Guidelines, injuries like soft tissue damage, fractures, or concussions may qualify, even if they don’t result in long-term impairment.
A key consideration is the 52-week rule. If your child’s injuries are classified as threshold injuries (e.g., a minor sprain or bruise), weekly benefits and treatment benefits typically stop after 52 weeks unless the injury meets the whole person impairment (WPI) threshold. For example, if your child has a broken arm that heals fully but requires physiotherapy, the benefits may end after 52 weeks.
Practical Steps and Time Limits
You must notify the at-fault driver’s insurer within 52 weeks of the accident to claim treatment and care benefits. Delays can result in lost entitlements, especially for injuries that require ongoing medical attention. If your child’s injury worsens or develops complications later, you may still claim additional benefits, but this depends on the evidence linking the new condition to the original accident.
Disputes can arise if the insurer disputes the injury’s connection to the accident or the severity of the injury. For instance, if your child’s doctor attributes the injury to a pre-existing condition, you may need additional evidence to prove the accident caused the injury. In such cases, retaining all medical records and seeking legal advice early is crucial.
When to Seek Legal Advice
While the CTP scheme provides a clear pathway for many claims, complex cases may require legal assistance. A solicitor can help navigate issues like:
- Determining whether your child’s injury meets the threshold for compensation.
- Contesting an insurer’s refusal to pay benefits.
- Calculating the value of a claim for long-term injuries.
- Ensuring all evidence is properly submitted.
If your child’s injury involves a spinal nerve-root injury (e.g., a herniated disc causing numbness), you must prove neurological signs beyond radiculopathy to qualify under the MAIA. This requires specialist medical evidence, which a lawyer can help obtain.
Example: Documenting a Soft Tissue Injury
Imagine your child was hit by a car while riding a bike and suffered a minor concussion. You should:
- Take your child to a doctor immediately and request a full report.
- Keep all medical records, including scans and treatment notes.
- Document the accident scene with photos of the bike damage and any visible injuries.
- Report the incident to the police and obtain a copy of the report.
- Contact the at-fault driver’s insurer within 52 weeks to start the claim.
This example shows how each piece of evidence supports the claim. Without the medical records, the insurer might dispute the injury’s connection to the accident.
Next Steps
Time limits and procedural requirements mean acting quickly is essential. If your child’s injury involves long-term treatment, a permanent impairment, or a dispute with the insurer, seek legal advice early. Every claim depends on its own facts, and the evidence you preserve today will shape your options.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.