A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
Families in Albury seeking compensation for a child injured in a motor accident need to understand how NSW Compulsory Third Party (CTP) laws apply. This article explains the key considerations, evidence required, and practical steps for claiming under the CTP scheme. It clarifies how SIRA assesses child injury claims and outlines time limits for seeking compensation.
What Families in Albury Need to Know About Child Injury Claims
When a child is injured in a motor accident, the CTP scheme covers medical treatment, income loss, and care costs. Under the Motor Accident Injuries Act 2017, claims are handled by SIRA (State Insurance Regulatory Authority), which evaluates injuries based on medical evidence and the Motor Accident Guidelines. Families should act quickly to preserve evidence and notify the at-fault driver’s insurer.
Key Evidence for Child Injury Claims
To support a claim, families must provide:
- Medical records confirming the injury and its connection to the accident
- Proof of income or financial impact (e.g., wage slips, school attendance records)
- Details of the accident, including time, location, and vehicle information
- Witness statements or police reports where available
SIRA requires these documents to assess the child’s injuries and determine eligibility for benefits like weekly income payments or treatment and care benefits.
How SIRA Handles Child Injury Claims
SIRA evaluates claims based on the severity of the injury. For example, a child with a broken arm (a threshold injury) would receive treatment and care benefits, while a severe brain injury might qualify for long-term compensation. SIRA also considers the child’s future needs, such as ongoing therapy or care, when calculating benefits. Families should note that claims for children under 18 are handled separately from adult claims.
Time Limits and When to Seek Advice
Families must notify the at-fault driver’s insurer within 52 weeks of the accident to claim weekly benefits. However, they can request an extension if they can show a valid reason for the delay. For disputes over injury severity or compensation amounts, families should seek legal advice before making decisions that could affect their claim.
Example: A Child with a Soft-Tissue Injury
Consider a 10-year-old who sustains a soft-tissue injury (e.g., a bruise) after a minor collision. Under the Motor Accident Guidelines, this injury would qualify for treatment benefits, but SIRA may not pay weekly income payments if the child’s school attendance is unaffected. Families must ensure medical records clearly link the injury to the accident.
Next Steps for Families in Albury
Time limits and procedural requirements mean families should act promptly. If unsure about their claim’s validity or how to proceed, they should contact a legal professional. Every claim depends on its own facts, and SIRA’s interpretation of injuries can vary. Families in Albury can request a free, no-obligation assessment by completing the quick enquiry form.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.