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 injured in driveways or low-speed vehicle paths in New South Wales may be eligible for compensation through the Compulsory Third Party (CTP) scheme. This article explains how the NSW CTP rules apply to driveway accidents, focusing on rural and remote areas where recovery of daily activities may require special consideration. The Motor Accident Injuries Act 2017 and SIRA guidelines determine what injured children can claim, including treatment benefits, weekly payments, and support for returning to normal routines. Rural claimants may face unique challenges in accessing medical care or evidence, which can affect the assessment of their recovery.
How CTP Claims Work for Driveway Injuries
The NSW CTP scheme covers injuries caused by motor vehicles, including accidents on driveways, private property, or low-speed paths. Under the Motor Accident Injuries Act 2017, claimants may receive treatment and care benefits, weekly income payments, and compensation for long-term impairments. For children, the focus is often on recovery of daily activities like school, play, or household tasks. SIRA assesses claims based on medical evidence, including reports from doctors and physiotherapists, to determine the extent of injury and recovery.
Key Differences in Rural vs Urban Claims
In rural and remote NSW, claimants may need to travel longer distances for medical appointments or specialist care, which can impact recovery timelines. SIRA considers the practical realities of rural living when assessing whether a child can return to daily activities. For example, a child with a soft-tissue injury (threshold injury) may require more time to recover in a remote area due to limited access to rehabilitation services. Urban claimants may have more immediate access to specialists, which can influence the assessment of long-term impairment.
Evidence Needed for Daily Activities Claims
To support a claim for returning to daily activities, claimants must provide evidence of the injury’s impact. This includes:
- Medical records showing the nature and severity of the injury
- Statements from doctors or therapists about recovery progress
- Evidence of how the injury affects the child’s ability to perform routine tasks
- Witness statements or accident reports detailing the incident
In rural areas, claimants may also need to demonstrate that geographic barriers have delayed treatment or recovery.
Time Limits and Dispute Resolution
Claimants must notify their insurer within 52 weeks of the accident to access weekly benefits and treatment payments. If the injury is classified as a 'threshold injury' (soft-tissue damage without long-term impairment), benefits may stop after 52 weeks unless there is evidence of ongoing recovery. Disputes over claim validity can be resolved through SIRA’s review process, which considers medical and factual evidence.
Practical Steps for Rural Claimants
- Seek immediate medical attention to document the injury
- Keep records of all medical appointments, treatments, and expenses
- Notify the at-fault driver’s insurer within 52 weeks
- Provide evidence of how the injury affects daily activities
- Consult a legal professional if benefits are denied or disputes arise
When to Seek Legal Advice
While many claims are resolved through SIRA, rural claimants may need legal assistance to navigate delays in medical care, access to specialists, or disputes over claim validity. A solicitor can help ensure all evidence is submitted correctly and that time limits are met.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.