Driveway Child Injuries, What Changed After 2017 Reforms in NSW
Children injured in driveways or low-speed vehicle areas now face different compensation rules under NSW’s 2017 CTP reforms. This article explains how the revised Motor Accident Injuries Act 2017 and SIRA guidelines affect claims for driveway child injuries, focusing on Balmain. It clarifies how statutory benefits, threshold injuries, and documentation requirements have evolved since 2017.
NSW CTP Rules for Driveway Child Injuries
Under the Motor Accident Injuries Act 2017, claims for children injured in driveways depend on whether the injury meets the 'threshold injury' definition. Threshold injuries include soft tissue injuries, spinal nerve-root injuries, or fractures, but only if they result in a whole person impairment of 10% or more. Before 2017, children injured in driveways often received full compensation regardless of injury severity, but reforms now limit benefits to injuries meeting specific criteria.
SIRA’s 2017 guidelines clarify that injuries must produce neurological signs, such as radiculopathy, to qualify as threshold injuries. For example, a child struck by a car in a driveway with a sprained ankle may not qualify for statutory benefits unless the injury meets the defined impairment threshold. This change affects how claims are assessed, particularly for low-speed collisions where injuries may be minor.
Practical Steps and Evidence for Driveway Claims
To support a driveway child injury claim, gather:
- Medical records confirming the injury and its link to the accident
- Police or witness statements describing the incident
- Photographs of the driveway, vehicle, and injury site
- Evidence of the child’s pre-accident health and activity level
- Any pre-existing conditions or injuries
SIRA requires claims to demonstrate that the injury resulted from the motor vehicle incident. For example, if a child was injured while running into a driveway and not struck by a vehicle, the claim may fail unless there is clear evidence of a connection to the accident.
Time Limits and Dispute Options
Claims must be submitted within 52 weeks of the accident, unless an extension is granted. After this period, statutory benefits like weekly income payments typically stop unless the injury meets long-term impairment criteria. Disputes over injury severity or claim eligibility can be resolved through SIRA’s review process or by seeking independent medical opinions.
Example: Driveway Injury Claim Under Revised Rules
A 7-year-old child is struck by a car while running into a driveway in Balmain. The injury results in a sprained wrist and temporary bruising. Under pre-2017 rules, the child might have received full compensation. However, under the revised scheme, the injury does not meet the threshold injury definition, so statutory benefits are limited. The claimant may still pursue a common law damages claim if the injury leads to long-term impairment.
When to Seek Legal Advice
The 2017 reforms have narrowed the scope of compensation for driveway injuries. If your child’s injury does not meet the threshold criteria, you may need to explore alternative options, such as a common law claim or compensation for non-pecuniary harm. Time limits and evidence requirements mean it is crucial to seek guidance promptly.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.