What Changed for Driveway Child Injuries After the 2017 CTP Reforms?
A child injured in a driveway or private property access area in Greater Sydney may now have a claim under the NSW Compulsory Third Party (CTP) insurance scheme, but the process and outcomes have changed significantly since the 2017 reforms. The Motor Accident Injuries Act 2017 (MAIA) replaced the previous Motor Accidents Compensation Act 1999 and introduced a new framework focused on injury severity, early assessment and statutory benefits. For driveway incidents involving children, the key changes include a stricter threshold for claiming damages, a focus on whole person impairment, and a 52-week limit on treatment and care benefits if only threshold injuries are sustained. These changes apply to all motor accidents in NSW occurring on or after 1 December 2017, including those on private property such as driveways, car parks, and residential access roads.
How SIRA Assesses Driveway Child Injury Claims Under Current NSW Law
The State Insurance Regulatory Authority (SIRA) administers the CTP scheme and uses the Motor Accident Injuries Regulation 2017 and the Motor Accident Injuries Guidelines to assess claims. For a child injured in a driveway, SIRA will determine whether the injury qualifies as a threshold injury under the MAIA. This includes injuries such as whiplash, soft tissue damage, or minor fractures, but only if they result in a permanent impairment of 10% or more of the whole person. The assessment is based on medical evidence, including MRI or CT scans, neurological examinations, and a formal impairment rating conducted by a qualified medical assessor.
A key change from the pre-2017 system is that a child’s injury must now meet a specific impairment threshold to qualify for damages. If the injury does not meet this threshold, the claimant may still receive treatment and care benefits and weekly income payments, but will not be eligible for general damages. This shift means that even if a child was struck by a vehicle in a driveway, they may not be able to claim damages if their impairment is below 10%. The 2017 reforms also introduced a formal process for assessing impairment, which must be completed by a registered medical assessor approved by SIRA.
Practical Steps and Evidence That Matter for Driveway Claims
To support a CTP claim for a child injured in a driveway, the following evidence is essential. First, seek medical attention immediately and keep all records, including diagnosis, treatment notes, imaging results, and any specialist referrals. Second, preserve details of the accident: take photographs of the driveway, vehicle position, and any visible damage; collect contact details of witnesses; and if possible, obtain a police report or incident report from the property owner or security. Third, notify the CTP insurer as soon as possible. The claim must be made within three years of the accident date, but delays may affect entitlements.
SIRA also requires that the claimant provide a completed claim form and supporting documentation, including a medical report that confirms the nature and extent of the injury, and a statement of how the injury affects the child’s daily life. For children, this may include impact on school attendance, participation in sports, or social activities. The insurer may request a medical assessment under the MAIA, and failure to cooperate may result in a delay or denial of benefits.
Time Limits and When to Seek Advice
Time limits apply to CTP claims in NSW. A claim for treatment and care benefits must be made within three years of the accident date. For damages, the same three-year limit applies, but the claim must be made within 12 months of the final medical assessment or the date the impairment is determined, whichever is later. This is critical for driveway incidents, as medical recovery may take longer for children, and the impairment assessment may not occur until months after the accident.
A common issue in driveway claims is whether the location qualifies as a 'motor vehicle accident' under the MAIA. The law does not exclude private property such as driveways, but the vehicle must have been in use on a road or public access area at the time of the incident. For example, if a car was reversing from a driveway onto a public road and struck a child, the accident is covered. However, if the vehicle was stationary in a private driveway and the child ran into it, the claim may be challenged on grounds of whether the vehicle was 'in motion' or 'in use' as defined by SIRA.
A hypothetical example: A 7-year-old child was struck by a car reversing out of a driveway in a residential area of Sydney’s Inner West. The child sustained a minor concussion and soft tissue injury. Medical assessment confirmed a 12% whole person impairment. The family submitted a claim within 18 months of the accident. The insurer accepted the claim and paid treatment and care benefits, and the family was eligible to claim damages because the impairment exceeded 10%. This outcome reflects the current SIRA process under the 2017 reforms.
Next Steps for Families Affected by Driveway Child Injuries
The legal framework for CTP claims following a child’s injury in a driveway has changed significantly since 2017. Whether a claim for damages is possible depends on the severity of the injury, the medical assessment of impairment, and compliance with procedural deadlines. Time limits, evidence requirements, and the threshold for damages are now more strictly defined than under the old scheme.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.