Children struck in home driveways or low-speed vehicle paths present unique challenges for families seeking compensation under NSW's Compulsory Third Party (CTP) scheme. This article explains how the NSW CTP framework applies to child pedestrians, outlines SIRA's approach to caregiver-related claims, and highlights practical considerations for families managing claims while caring for injured children. Key legal principles, evidence requirements and time limits are explained to help families understand their options.
NSW CTP scheme for child pedestrians
Under the Motor Accident Injuries Act 2017, the NSW CTP scheme provides compensation for injuries caused by motor vehicles. Child pedestrians injured in driveways or low-speed areas are eligible for benefits, but the process involves specific considerations. SIRA (State Insurance Regulatory Authority) administers claims and evaluates entitlements based on medical evidence and injury severity.
The scheme covers:
- Medical treatment and care benefits
- Weekly income replacement for injured children
- Caregiver support payments where applicable
- Rehabilitation and long-term support
For children, the threshold injury rules apply. A 'threshold injury' is defined as a soft tissue injury with neurological signs, such as a spinal nerve-root injury producing symptoms like tingling or weakness. Under the Motor Accident Guidelines, radiculopathy (nerve root irritation) requires specific clinical signs to qualify.
Practical steps for families managing claims
When a child is injured in a driveway, families must take several steps to preserve their claim:
- Seek immediate medical attention - Document all medical records, including diagnoses and treatment plans. SIRA requires evidence of injury severity to determine entitlements.
- Preserve accident details - Gather witness statements, photographs of the scene, and any vehicle registration or insurance information. Even low-speed driveway accidents may involve fault or contributory negligence.
- Notify the at-fault driver's insurer - SIRA requires claims to be submitted to the relevant insurer within 52 weeks of the accident. Delays may affect benefit eligibility.
- Request caregiver support - Families may apply for additional support payments to cover costs like home care, transportation or respite care. These are separate from the child's own benefits.
Time limits and dispute resolution
CTP claims must be submitted within 52 weeks of the accident. After this period, benefits for threshold injuries typically stop, though long-term impairments may qualify for ongoing support. Families should be aware that:
- Weeks 1-52 - Weekly benefits and treatment payments are available for threshold injuries.
- Beyond 52 weeks - Claims must demonstrate a 'whole person impairment' (WPI) of 10% or more to qualify for ongoing payments.
- Disputes - If an insurer rejects a claim, families may request a review through SIRA or seek legal advice. The Motor Accident Injuries Act 2017 s 4.4 outlines how benefits are restricted for threshold injuries.
Example: Managing a driveway injury claim
Consider a scenario where a 7-year-old child is struck by a car while playing in a driveway. The child sustains a soft tissue injury with neurological signs, qualifying as a threshold injury. The family must:
- Obtain medical records confirming the injury meets the threshold definition
- Submit a claim to the at-fault driver's insurer within 52 weeks
- Apply for caregiver support payments to cover home care costs
- Monitor the child's recovery to determine if a WPI assessment is needed
This example illustrates how families must balance medical care with administrative tasks during the claims process.
When to seek legal advice
Families should consult a solicitor if:
- The injury involves complex medical evidence
- The at-fault driver's insurer disputes liability
- Caregiver support payments are denied
- The child's injury meets the WPI threshold
Legal professionals can help navigate SIRA's assessment process and ensure families receive all available benefits. It's important to act promptly, as time limits apply to all aspects of the claim.
Next steps for families in Auburn
Understanding the NSW CTP scheme is critical when a child is injured in a driveway. Families must act quickly to preserve their claim while managing caregiving responsibilities. For tailored advice on your specific circumstances, complete the quick, no obligation enquiry form to request contact about your case.