Driveway Child Pedestrian Injuries, Dispute Resolution Options in NSW
If your child was injured as a pedestrian in a driveway and you're facing a dispute over compensation, understanding your options under NSW's Compulsory Third Party (CTP) scheme is critical. The Motor Accident Injuries Act 2017 and SIRA's processes govern claims, but disputes can arise over injury assessments, benefit eligibility, or delays. This article explains your options, including internal reviews, mediation, and when to seek legal advice.
NSW CTP Rules for Child Pedestrian Claims
Under NSW law, CTP claims are no-fault, meaning the at-fault driver's insurer (via SIRA) covers injuries regardless of who was at fault. For children injured in driveways, the key legal issues include:
- Eligibility for benefits: SIRA provides weekly income payments, treatment benefits, and lump sum damages if your child meets the 'threshold injury' criteria. A child's injury must result in a 'soft tissue injury' or higher under the Motor Accident Guidelines.
- Dispute triggers: Common disputes include disagreements over whether the injury qualifies as a threshold injury, delays in processing claims, or disputes over the amount of weekly benefits.
- SIRA's role: SIRA assesses claims based on medical evidence. If your child's injury is classified as a 'threshold injury', benefits may be limited after 52 weeks unless there's a permanent impairment.
Practical Steps and Evidence for Disputes
To resolve disputes effectively, gather the following:
- Medical records: Detailed reports from doctors or specialists confirming your child's injury and its impact.
- Accident details: Witness statements, photos of the driveway, and any vehicle registration or insurance information.
- SIRA correspondence: Keep copies of all communications with SIRA, including claim forms and assessment letters.
If your child's injury involves spinal nerve-root damage or radiculopathy (as defined in the Motor Accident Guidelines), this may affect eligibility for lump sum damages.
Time Limits and Dispute Resolution Pathways
CTP claims must be submitted within 52 weeks of the accident, but disputes can occur even after this period. If your claim is denied or you disagree with the outcome:
- Internal review: SIRA allows for a review of decisions by a senior assessor. This process typically takes 28 days.
- Mediation: SIRA offers mediation through the Personal Injury Commission (PIC) to resolve disputes without court.
- Legal action: If mediation fails, you may need to seek legal advice to challenge the decision in the NSW Civil and Administrative Tribunal (NCAT) or the District Court.
Note: Challenging a SIRA decision does not guarantee a change. The PIC requires evidence that the original assessment was incorrect or incomplete.
When to Seek Legal Advice
Legal assistance is recommended if:
- SIRA denies your claim without clear reasoning.
- You believe your child's injury meets the threshold for lump sum damages.
- You need help navigating the internal review or mediation process.
A solicitor can help you challenge SIRA's decision, request a medical assessment, or pursue a claim for additional benefits.
Example Scenario
A 7-year-old child is injured in a driveway by a low-speed vehicle. SIRA classifies the injury as a 'soft tissue injury' and limits weekly benefits after 52 weeks. Parents dispute this, arguing the child has ongoing pain and limited mobility. In this case, the parents could request an internal review, submit additional medical evidence, or seek legal advice to challenge the decision.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.