Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
Children struck by vehicles in driveways or low-speed areas are eligible for NSW CTP compensation, but claims require specific documentation to prove how injuries affect daily activities. This article explains how to navigate the process for a child injured in a driveway in Ashfield, focusing on evidence needed, SIRA's assessment criteria, and practical steps to support a claim.
NSW CTP Rules for Driveway Child Injuries
NSW Compulsory Third Party (CTP) insurance covers injuries to pedestrians, including children, caused by motor vehicles. Under the Motor Accident Injuries Act 2017, claims must demonstrate how the injury impacts the child's ability to perform daily tasks such as walking, school attendance, or personal care. SIRA (State Insurance Regulatory Authority) administers claims and evaluates whether injuries meet the 'threshold injury' definition, which includes soft tissue injuries like whiplash or minor fractures.
Key legal principles include:
- Threshold injuries are injuries that require medical treatment but do not result in long-term impairment. Examples include sprains, minor cuts, or concussion.
- Spinal nerve-root injuries may qualify as threshold injuries if they produce neurological signs beyond radiculopathy (nerve root irritation), as outlined in the Motor Accident Guidelines.
- CTP claims cover treatment costs, income loss, and daily activity limitations, but not general damages for pain or psychological distress unless the injury meets the 'whole person impairment' threshold.
Practical Steps for Driveway Child Claims
To support a CTP claim for a driveway injury, gather:
- Medical records showing diagnosis, treatment, and how the injury affects daily activities. For example, a doctor’s note stating the child requires rest for schoolwork or has difficulty walking.
- Accident details including the location (e.g., driveway, car park), vehicle type, and whether the child was crossing a road or playing.
- Witness statements or photographs of the scene to confirm the incident occurred in a driveway.
- School or care records showing changes in behavior, attendance, or activity levels due to the injury.
SIRA typically requires a medical certificate of injury (MCI) to confirm the injury meets the threshold definition. For children, this may involve pediatric assessments or specialist input if the injury affects mobility or cognitive function.
SIRA's Approach to Daily Activity Claims
SIRA assesses whether the injury limits the child's ability to perform routine tasks. For example:
- A child with a sprained ankle may need to avoid sports or climbing stairs for weeks.
- A child with concussion may require rest periods for schoolwork or social activities.
Claims for daily activity limitations are usually limited to 52 weeks under the 52-week statutory benefit rules. After this period, benefits stop unless the injury results in long-term impairment. SIRA may also require a rehabilitation plan to show how the child is progressing toward recovery.
Common Challenges in Driveway Claims
- Proving daily activity impact: Parents must provide clear evidence of how the injury affects the child’s routine. For example, a doctor’s note stating the child cannot attend school for two weeks due to concussion.
- Time limits: Claims must be submitted within 52 weeks of the accident for treatment and income benefits. Delays may reduce the amount of compensation available.
- Disputes over threshold injuries: If the injury is minor, SIRA may dispute whether it qualifies for benefits. For example, a child with a minor scrape may not meet the threshold if it does not require medical treatment.
When to Seek Legal Advice
While many driveway claims are resolved through SIRA, complex cases may require legal assistance. A solicitor can:
- Challenge SIRA’s decision to deny benefits.
- Help navigate disputes over injury severity.
- Ensure all evidence is submitted within time limits.
Example Scenario
A 7-year-old child is struck by a car while playing in a driveway. The child sustains a minor concussion and requires rest for schoolwork. The parent submits:
- A doctor’s note stating the child needs rest for two weeks.
- School records showing missed days due to the injury.
- Witness statements confirming the incident occurred in a driveway.
SIRA may approve treatment benefits and income support for the child during recovery.
Next Steps
CTP claims for driveway injuries depend on accurate documentation of how the injury affects daily life. If your child has been injured in a driveway in Ashfield, gather medical records, accident details, and evidence of daily activity limitations. Complete the quick, no obligation enquiry form to discuss your circumstances with a specialist.