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 in driveways or low-speed vehicle paths may have legal claim options under NSW's Compulsory Third Party (CTP) scheme. Rural and remote families facing disputes over child pedestrian injuries should understand how to navigate the CTP process. This article explains the legal framework, dispute resolution options, and practical steps for parents seeking compensation after driveway accidents.
NSW CTP Rules for Child Pedestrian Claims
Under the Motor Accident Injuries Act 2017, CTP claims cover injuries to children struck by vehicles, including those in driveways. SIRA (State Insurance Regulatory Authority) administers these claims, applying the Motor Accident Guidelines to assess injuries. For children, the 'threshold injury' definition is critical: injuries must meet the same criteria as adults, such as soft tissue injuries with neurological signs or fractures. Rural families must ensure medical records clearly document the injury's severity to qualify for benefits.
Dispute Resolution in Remote Areas
Disputes over child injuries often involve disagreements about injury severity, claim eligibility, or benefit amounts. In rural NSW, families may face delays due to limited legal resources. SIRA provides a formal review process: claimants can request a review of a decision by submitting new evidence or a medical opinion. If disputes persist, the Personal Injury Commission (PIC) can mediate. However, challenges are not guaranteed to change decisions, SIRA emphasizes that disputes must demonstrate 'new and material information' to alter a claim.
Practical Steps for Rural Families
Parents should take immediate steps after a driveway accident: seek medical attention, document the incident with photos and witness statements, and notify the at-fault driver's insurer. SIRA requires claims to be submitted within 52 weeks of the accident, though extensions may apply for complex cases. Rural families may need to use local legal aid services or solicitors familiar with CTP claims to challenge decisions. Evidence such as school records or pediatrician notes can strengthen claims for children.
Time Limits and Legal Challenges
CTP claims must be submitted within 52 weeks of the accident, but this period may extend if the injury's full impact is not immediately apparent. For example, a child with a soft tissue injury may require ongoing medical treatment, affecting benefit eligibility. Disputes over 'threshold injuries' must be resolved by SIRA's medical advisors, who apply the Motor Accident Guidelines. Rural claimants should note that delays in accessing specialist medical opinions can impact dispute resolution timelines.
Hypothetical Example: A Rural CTP Dispute
Imagine a 7-year-old child struck by a car in a remote driveway. The family submits a claim for treatment benefits, but SIRA disputes the injury's severity. The parents request a review, providing a pediatrician's report confirming the child's concussion and restricted activity. SIRA's review finds the injury meets the threshold definition, approving benefits. This example shows how medical evidence and formal reviews can resolve disputes in rural areas.
When to Seek Legal Advice
Families facing CTP disputes should consult a solicitor familiar with SIRA's processes. Legal professionals can help challenge decisions, ensure compliance with time limits, and navigate the PIC's mediation pathway. Rural areas may have limited legal resources, so early consultation is key to securing benefits.
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