What Changed After the 2017 NSW CTP Reforms for Driveway Child Claims
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).
Children struck by vehicles in driveways or low-speed areas now face different legal rules under the 2017 NSW CTP reforms. These changes, introduced via the Motor Accident Injuries Act 2017, altered how claims are assessed, particularly for injuries meeting the 'threshold injury' definition. For example, a child with a spinal nerve-root injury causing neurological signs may now qualify for benefits even if radiculopathy (nerve root irritation) is not present. This shift impacts how SIRA evaluates claims for driveway accidents, especially where injuries are minor but meet specific clinical criteria.
Key Legal Changes Under the 2017 Reforms
The 2017 reforms redefined 'threshold injury' to include injuries like spinal nerve-root damage with neurological signs, even without radiculopathy. This change broadens coverage for children injured in driveways, where injuries might be less visible. However, claims for 'only threshold injuries' face stricter rules: weekly benefits and treatment payments generally stop after 52 weeks, as outlined in s 4.4 of the Motor Accident Injuries Act 2017. This applies even if the child requires ongoing care, unless the injury meets the 'whole person impairment' threshold.
Practical Steps for Driveway Child Injury Claims
To support a claim, gather medical records confirming the injury meets the threshold definition. For example, a child with a diagnosed spinal nerve-root injury causing weakness or sensory loss would qualify. Document the accident scene, including vehicle speed, location, and any witnesses. Notify your insurer promptly, as delays may affect benefit eligibility. SIRA also requires evidence of income loss or care costs, which may be challenging for children.
Time Limits and Dispute Options
Claims must be submitted within 52 weeks of the accident if based on 'only threshold injuries.' For other injuries, the time limit is longer, but this depends on the injury type. If your claim is disputed, SIRA provides a review process, though this can take months. Seek legal advice if the injury involves long-term impairment or if the insurer denies coverage.
When to Seek Legal Advice
The 2017 reforms introduced complex rules about which injuries qualify for benefits and how claims are capped. For example, a child with a minor head injury not meeting the threshold may not qualify, even if the accident occurred in a driveway. Legal professionals can help assess whether your child’s injury meets the threshold, especially if there are disputes about the injury’s severity or the 52-week limit.
Example: A Child Injured in a Driveway
Imagine a 5-year-old struck by a car while playing in a driveway. Medical records show a spinal nerve-root injury causing slight weakness. Under the 2017 reforms, this injury would qualify for benefits, but weekly payments would stop after 52 weeks unless the child’s impairment meets the 'whole person impairment' threshold. This example highlights how the reforms affect both eligibility and long-term support.
Next Steps for Claimants in Ballina
The 2017 reforms changed how driveway child injuries are assessed, but each case depends on the injury type, accident date, and evidence. To request contact about your circumstances, complete the quick, no obligation enquiry form.