Child Injury Claims: Time Limits Under NSW Law
If your child was injured in a motor accident in New South Wales, you must understand the time limits for making a claim under the Compulsory Third Party (CTP) scheme. The Motor Accident Injuries Act 2017 sets strict deadlines for filing claims, and failure to meet these could affect your ability to seek compensation. This article explains the key time limits, how they apply to child injuries, and what steps to take.
Key Time Limits for CTP Claims
Under NSW law, most CTP claims must be filed within two years of the accident date. This applies to all injuries, including those to children. However, there are exceptions: if the injury was not discovered immediately, the time limit starts when the injury was reasonably identifiable. For example, if a child’s soft tissue injury (a 'threshold injury') was not diagnosed until three months after the accident, the two-year period would begin from the date of diagnosis.
The Motor Accident Injuries Act 2017 s 4.4 also limits benefits for 'only injuries', if a child’s injuries are limited to threshold injuries (as defined in the Motor Accident Guidelines), weekly payments and treatment benefits generally stop after 52 weeks. This distinction is critical for claims involving soft tissue injuries.
Practical Steps for Child Injury Claims
To preserve your claim, take these steps immediately after an accident:
- Seek medical attention to document injuries, even if symptoms seem minor.
- Preserve evidence: take photos of the accident scene, collect witness details, and retain medical records.
- Notify the at-fault driver’s insurer through the CTP scheme. SIRA’s online portal (https://www.sira.nsw.gov.au/claims/motor-accidents) allows claims to be submitted.
For children, additional documentation may be needed, such as school attendance records or evidence of impact on daily activities. Keep all correspondence with insurers and medical providers.
When to Seek Legal Advice
Time limits are strict, and delays can jeopardize claims. If your child’s injury involves complex issues like long-term care needs, whole person impairment, or disputes over fault, consult a solicitor early. SIRA’s guidelines (https://www.sira.nsw.gov.au/claims/motor-accidents/what-you-can-claim) outline what can be claimed, but legal advice ensures all options are explored.
Example: Time Limits in Practice
Consider a scenario where a 7-year-old is injured in a car accident. If the injury is diagnosed within two years, the claim must be filed by the two-year mark. If the injury was not immediately apparent (e.g., a delayed concussion), the two-year period starts when the injury was reasonably identifiable. This distinction is crucial for claims involving soft tissue injuries.
Next Steps
CTP claims depend on the accident date, injury type, and evidence collected. If your child’s injury involves threshold injuries, long-term care, or disputes over benefits, time limits and legal requirements may vary. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.