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 require careful documentation for NSW CTP claims. This guide explains what evidence matters, how to prepare injury records, and how SIRA guidelines apply to driveway child injuries in Illawarra and South Coast. Time limits and dispute options are also covered.
NSW CTP Rules for Driveway Child Injuries
NSW Compulsory Third Party (CTP) insurance covers injuries to children struck in driveways, regardless of fault. The Motor Accident Injuries Act 2017 governs claims, with SIRA (State Insurance Regulatory Authority) overseeing claims processing. Key principles include:
- Statutory benefits cover treatment costs, income loss, and care expenses for injuries meeting the 'threshold injury' definition.
- Documentation must prove injury severity and link it to the accident. SIRA guidelines specify that injuries must meet clinical criteria to qualify for benefits.
- Fault does not affect CTP entitlements in most cases, as CTP covers injuries regardless of who caused the accident.
Practical Steps for Injury Documentation
To support a CTP claim for a child injured in a driveway, gather the following evidence:
- Medical records - Include all injury assessments, imaging reports, and treatment plans. SIRA requires documentation showing the injury meets the 'threshold injury' definition under the Motor Accident Guidelines.
- Accident report - Obtain a written account from the driver, witness, or police if available. Details like vehicle speed, location, and time of impact are critical.
- Witness statements - Statements from bystanders or other drivers can corroborate the incident.
- Photographs - Document the injury site, vehicle damage, and any hazards in the driveway.
- Income and care records - If the child requires time off school or additional care, provide evidence of lost income or increased expenses.
SIRA Guidelines for Driveway Child Injuries
SIRA’s Motor Accident Guidelines define 'threshold injury' as a low-severity injury requiring medical treatment. For children, this includes:
- Soft tissue injuries (e.g., whiplash, bruising) with neurological signs.
- Minor fractures or dislocations.
- Injuries requiring medical attention but not resulting in long-term impairment.
Under the Motor Accident Injuries Act 2017 s 4.4, benefits are limited to 52 weeks if the injury is a 'threshold injury' and no other injuries are present. This applies to all CTP claims, including driveway accidents.
Time Limits and Dispute Options
CTP claims must be submitted within 52 weeks of the accident date, unless an extension is granted. Delays can reduce benefits or result in claim rejection. If the insurer disputes the injury’s severity:
- Request a review with SIRA, providing additional medical evidence.
- Seek independent medical assessment if the injury meets the 'threshold injury' criteria.
- Consider mediation through the NSW Civil and Administrative Tribunal (NCAT) if the dispute escalates.
Example Scenario
A 7-year-old child is struck by a car while playing in a driveway. The injury includes a minor concussion and bruising. Medical records show the child required a CT scan and missed two days of school. The parent documents the accident with a witness and submits the claim within 52 weeks. SIRA approves treatment benefits but limits income payments due to the injury being a 'threshold injury'.
When to Seek Legal Advice
While many driveway injury claims are resolved through SIRA, complex cases may require legal assistance. A solicitor can:
- Navigate SIRA’s claim process.
- Challenge disputed injury assessments.
- Ensure all documentation meets CTP requirements.
Next Steps
CTP claims for driveway child injuries depend on accurate documentation and timely submission. If your child’s injury meets the threshold injury criteria, complete the quick, no obligation enquiry form to request contact about your circumstances.