Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
If your child was injured in a motor accident in Bathurst NSW, preparing for medical assessments is a critical step in claiming compensation under the NSW Compulsory Third Party (CTP) scheme. This guide explains how to approach medical evaluations, what evidence matters, and how SIRA assesses claims involving children. Time limits and procedural steps are also outlined to help parents understand their options.
NSW CTP Rules for Child Injury Claims
Under the Motor Accident Injuries Act 2017, CTP claims in NSW cover injuries caused by motor vehicles, including those involving children. SIRA (State Insurance Regulatory Authority) administers these claims, and its guidelines specify how medical evidence is evaluated. For children, assessments focus on the nature and severity of injuries, including soft tissue injuries, fractures, and long-term impacts.
Key considerations include:
- Threshold injuries: Injuries meeting the 'threshold injury' definition under the Motor Accident Guidelines, such as whiplash or soft tissue injuries, are eligible for statutory benefits.
- Medical documentation: SIRA requires detailed records to determine if injuries are 'threshold' or 'whole person impairment' (WPI), which affects compensation eligibility.
- Age-specific assessments: Children's injuries are evaluated with consideration of developmental factors, and long-term consequences are assessed by specialists.
Practical Steps for Preparing Medical Assessments
Parents should take the following steps to ensure medical evidence supports a child's CTP claim:
- Secure immediate medical attention: Document all treatments, including emergency care, specialist consultations, and therapy sessions.
- Collect all medical records: This includes diagnostic imaging (X-rays, MRIs), treatment notes, and reports from paediatricians, physiotherapists, and psychologists.
- Obtain a comprehensive assessment: A specialist report from a registered medical practitioner is essential to determine the injury's impact on the child's daily life and future.
- Preserve accident details: Keep records of the incident, such as police reports, witness statements, and photographs of the scene.
What SIRA Looks For in Child Claims
SIRA evaluates medical evidence based on the Motor Accident Guidelines. For children, the focus is on:
- Clinical signs: Evidence of neurological or physical impairment, such as restricted movement, chronic pain, or cognitive delays.
- Impact on daily activities: How the injury affects the child's ability to attend school, play, or engage in normal activities.
- Long-term prognosis: Specialist opinions on potential future needs, such as ongoing therapy or equipment.
A hypothetical example: A 7-year-old child involved in a collision sustains a broken arm and soft tissue injuries. Medical records show prolonged pain and limited mobility, meeting the threshold injury criteria. SIRA would assess whether the injuries require ongoing treatment and how they affect the child's development.
Time Limits and When to Seek Advice
CTP claims in NSW have strict time limits. Statutory benefits for threshold injuries typically end after 52 weeks, unless the injury is classified as a whole person impairment. Parents should:
- Notify the at-fault driver's insurer within 52 weeks of the accident to claim statutory benefits.
- Seek legal advice if the child's injuries may qualify for long-term compensation or if disputes arise over medical assessments.
Next Steps
Preparing for medical assessments requires careful documentation and understanding of SIRA's evaluation process. If your child's injuries may affect their long-term health or development, it's essential to act promptly. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.