Child Injury Claims, Time Limits Under NSW CTP Laws
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 New South Wales, time limits apply to claiming compensation under the Compulsory Third Party (CTP) scheme. Understanding these rules is critical, especially in regional areas where access to legal and medical services may be limited.
Time Limits for Filing a CTP Claim
Under the Motor Accident Injuries Act 2017, a CTP claim must be filed within 3 years of the accident date. This applies to all claimants, including children. However, the time limit for seeking damages (not statutory benefits) is shorter. If your child’s injury meets the threshold injury definition under the Motor Accident Guidelines, you have 3 years from the date of injury to pursue a damages claim.
How CTP Laws Treat Child Claims
Children are treated differently under CTP rules. For example:
- Children under 18 may receive additional benefits, such as weekly income payments, even if their injury does not meet the threshold injury criteria.
- A guardian or legal representative must act on your child’s behalf when making a claim.
- The whole person impairment (WPI) calculation for damages may differ for minors, as their future earning capacity is considered.
Practical Steps for Families in Regional NSW
To meet time limits and ensure your child’s claim is processed:
- Seek immediate medical attention and document all injuries. Medical records are essential for proving the injury.
- Notify the at-fault driver’s insurer (or SIRA if the driver is untraced) within 3 years of the accident.
- Gather evidence: Include accident reports, witness statements, photographs, and any correspondence with insurers.
- Act quickly in regional areas, where delays in accessing legal or medical services may risk missing deadlines.
Example: A Child’s Claim in Regional NSW
Imagine a 9-year-old child injured in a car accident in a remote NSW town. The family must:
- File a CTP claim with SIRA within 3 years of the accident date.
- Submit medical evidence showing the injury meets the threshold injury definition.
- Ensure the claim is processed before the 3-year damages deadline.
When to Seek Legal Advice
If your child’s injury involves complex issues like long-term care needs, contributory fault, or disputes over benefits, consult a solicitor. In regional NSW, consider contacting a legal service provider with experience in rural claims.
Next Steps
CTP time limits depend on the accident date, injury type, and claim history. To request contact about your circumstances, complete the quick, no obligation enquiry form.