Children injured in motor accidents in NSW have specific legal protections under the Compulsory Third Party (CTP) scheme. This guide explains how families in Albury can pursue compensation, what evidence is needed, and key considerations for claims involving minors.
NSW CTP Rules for Child Injuries
Under the Motor Accident Injuries Act 2017, children injured in motor accidents are entitled to the same statutory benefits as adults. SIRA (State Insurance Regulatory Authority) administers claims, covering treatment costs, income loss, and other expenses. For children, claims must be made within 52 weeks of the injury, unless the injury is classified as a 'threshold injury' under the Motor Accident Guidelines.
Practical Steps for Families
To support a child injury claim, families should:
- Gather medical records confirming the injury and its impact
- Document the accident scene, including vehicle details and witness statements
- Preserve records of lost income or care costs
- Notify SIRA within 52 weeks of the injury
- Keep all correspondence with insurers and medical providers
Evidence of a child's injury must show a direct link to the accident. For example, a broken arm from a collision would require medical documentation and a statement from a treating specialist.
SIRA's Role in Child Claims
SIRA assesses claims based on the Motor Accident Guidelines. Children may qualify for:
- Treatment and care benefits
- Weekly income payments
- Lump sum compensation for long-term impairments
Claims must be submitted through SIRA's online portal or by post. Families should note that SIRA may request additional information, such as a child's medical history or school attendance records.
Time Limits and Dispute Options
Families must submit claims within 52 weeks of the injury. If a child's injury is classified as a 'threshold injury' (e.g., soft tissue damage), benefits may stop after 52 weeks unless there's a permanent impairment. Disputes over claim value should be resolved through SIRA's review process before seeking legal action.
When to Seek Legal Advice
Families should consult a solicitor if:
- The injury involves long-term disability or chronic pain
- There are disputes over claim value
- The child requires lifetime care or support
- The accident occurred in a complex location (e.g., a car park or intersection)
Legal professionals can help navigate SIRA's requirements and ensure all evidence is properly submitted.
Real-World Example
A 9-year-old cyclist in Albury suffered a fractured collarbone after being hit by a car. The family submitted medical records, a police report, and witness statements to SIRA. The claim was approved for treatment benefits and income support for the child's parents during recovery.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.