Child Injury CTP Claims: Common Mistakes to Avoid in Balmain
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).
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).
If your child was injured in a motor accident in Balmain, understanding NSW Compulsory Third Party (CTP) rules is essential. Common mistakes can reduce compensation or delay claims. This guide explains key errors to avoid and how to comply with SIRA guidelines.
Key CTP Rules for Child Injuries
Under the Motor Accident Injuries Act 2017, child injuries are treated as threshold injuries unless they meet specific criteria. SIRA guidelines state that injuries must involve spinal nerve-root damage or radiculopathy to qualify for common law damages. For example, a child with a sprained wrist or minor concussion may only be eligible for statutory benefits, not additional compensation.
A critical mistake is assuming all child injuries qualify for full compensation. Only injuries meeting the 'whole person impairment' threshold under the Act (e.g., chronic pain, mobility loss) entitle claimants to damages. Parents often overlook the need to prove long-term effects beyond the 52-week statutory benefit period.
Practical Steps to Avoid Errors
- Secure Medical Evidence: Document all injuries with medical records. SIRA requires evidence of neurological signs or imaging showing spinal nerve-root damage. For instance, a child with a herniated disc requiring surgery would qualify for common law claims.
- Preserve Accident Details: Gather witness statements, CCTV footage, and police reports. In Balmain, road conditions and traffic camera data can clarify fault or injury causation.
- Notify the At-Fault Driver’s Insurer: Delaying notification may invalidate claims. SIRA mandates that claims be reported within 52 weeks of the accident, though exceptions exist for complex cases.
- Avoid Overstating Injuries: Claims must be supported by medical evidence. Parents should not assume injuries will meet the 'whole person impairment' threshold without specialist assessment.
Time Limits and When to Seek Advice
CTP claims must be submitted within 52 weeks of the accident. However, disputes over injury severity or fault can extend this period. For example, if a child’s injury worsens after 52 weeks, claimants may need to apply for an extension under s 3.28 of the Motor Accident Injuries Act 2017.
Common mistakes include waiting too long to seek legal advice. SIRA guidelines emphasize that claims must be submitted promptly, and delays can result in lost benefits. Parents should consult a solicitor if their child’s injury exceeds the threshold injury definition or involves long-term treatment.
Example: When a Mistake Costs Compensation
A Balmain parent once claimed compensation for their child’s concussion after a car crash. The claim failed because the medical records only showed temporary symptoms, not the spinal nerve-root injury required for common law damages. The child’s injury was reclassified as a threshold injury, limiting compensation to statutory benefits.
Next Steps
CTP claims depend on accurate evidence and compliance with SIRA rules. If your child’s injury exceeds the threshold injury definition or involves long-term effects, seek legal advice promptly. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.