Understanding NSW CTP Dispute Resolution for Child Pedestrians
If your child was injured as a pedestrian in a driveway in Bathurst, resolving a compensation dispute under NSW’s Compulsory Third Party (CTP) scheme requires understanding how the Motor Accident Injuries Act 2017 applies. SIRA (State Insurance Regulatory Authority) manages claims under the CTP scheme, but disputes over claim amounts, eligibility, or medical assessments may require specific resolution steps. This article explains how to navigate these issues.
How SIRA Handles Child Pedestrian Claims
SIRA evaluates claims based on the injury’s severity and the accident’s circumstances. For children, injuries are assessed using the Motor Accident Guidelines, which define 'threshold injuries' (e.g., soft tissue injuries with spinal nerve-root damage). If your child’s injury meets these criteria, SIRA may offer weekly income payments, treatment benefits, or lump sum compensation. However, disputes can arise if the injury’s severity or claim amount is contested. SIRA’s internal review process allows for reassessment of claims, but it does not replace legal action.
Practical Steps for Parents
To support a claim, parents should:
- Gather medical records confirming the injury’s nature and treatment
- Document the accident scene, including vehicle details and witness statements
- Preserve any evidence of the child’s pre-accident income or care costs
- Submit a claim through SIRA’s online portal or by contacting their Bathurst office
Disputes often arise when SIRA’s assessment of injury severity differs from medical opinions. In such cases, parents may request an internal review of the claim decision. If the dispute persists, legal advice may be necessary to challenge SIRA’s interpretation of the injury’s impact.
Time Limits and Dispute Options
Under the Motor Accident Injuries Act 2017, claims must typically be submitted within 52 weeks of the accident. However, disputes over claim validity or medical assessments can extend beyond this period. If SIRA’s decision is challenged, parents may:
- Request an internal review of the claim assessment
- Seek mediation through SIRA’s dispute resolution process
- Lodge a formal objection with the Personal Injury Commission (PIC) for medical disputes
Note that SIRA’s authority is limited to claims under the CTP scheme. If a dispute involves legal claims (e.g., over compensation amounts), parents should consult a solicitor to explore options outside SIRA’s jurisdiction.
When to Seek Legal Advice
Legal assistance is recommended if:
- SIRA denies a claim or disputes the injury’s severity
- The child’s medical condition requires ongoing care or long-term support
- The family believes the claim amount does not reflect the injury’s impact
- The accident involved complex circumstances (e.g., multiple vehicles, unclear fault)
A solicitor can help challenge SIRA’s decision, negotiate a better outcome, or pursue legal action if necessary. However, legal advice does not guarantee a change in SIRA’s decision. The outcome depends on the evidence, legal interpretation, and applicable law.
Example Scenario
A 7-year-old child is struck by a car while playing in a driveway. SIRA assesses the injury as a 'threshold injury' and offers limited weekly payments. The parent disputes this, arguing the child requires ongoing therapy. SIRA may request an internal review, but the parent may need legal advice to challenge the injury classification or seek additional compensation for long-term care.
Next Steps
Resolving a CTP dispute for a child pedestrian requires careful navigation of SIRA’s processes and legal options. If your child’s injury has caused significant impact, seek guidance to ensure all claim possibilities are explored. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.