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).
If your child was injured on a driveway in Greater Sydney, documenting the incident is critical to support a Compulsory Third Party (CTP) claim. NSW CTP laws require specific evidence to establish entitlements, and driveway accidents present unique challenges due to their location and potential for unclear fault. This guide explains what documentation matters, how it applies to child injuries, and when to seek legal advice.
NSW CTP Rules for Driveway Accidents
NSW CTP claims are governed by the Motor Accident Injuries Act 2017 (MAIA), which outlines what injuries qualify for benefits and how claims are processed. For driveway accidents, the key legal principles include:
- Fault determination: The at-fault driver’s insurer must cover claims, but fault may be unclear in low-speed driveway incidents.
- Threshold injuries: Minor injuries like whiplash or soft tissue damage may qualify for statutory benefits, but must meet specific medical criteria under the Motor Accident Guidelines.
- Time limits: Claims must be submitted within 52 weeks of the accident, though this period may extend if the injury’s full impact is not immediately apparent.
Essential Documentation for Child Injuries
Parents and guardians must gather specific evidence to support a claim. Key documents include:
- Medical records: Detailed records from doctors, physiotherapists, or specialists confirming the injury’s nature, treatment, and recovery timeline. This is crucial for determining if the injury meets the threshold for statutory benefits.
- Accident report: Obtain a report from the police or local council if the incident was reported. This helps establish the circumstances, including vehicle speeds, road conditions, and witness accounts.
- Witness statements: Statements from neighbors, family members, or passersby who saw the incident can corroborate the child’s account and clarify fault.
- Photographs and videos: Document the scene, including skid marks, damaged property, and the child’s injuries. Avoid using flash to prevent overexposure of sensitive areas.
- Medical imaging: X-rays, MRIs, or scans showing soft tissue damage or spinal injuries may be required to meet the spinal nerve-root qualification under the Motor Accident Guidelines.
- Income and care records: If the injury affects the child’s ability to attend school or requires additional care, provide records of lost income or increased expenses.
Practical Steps and Time Sensitivity
After a driveway accident, take these actions immediately:
- Seek medical attention to ensure the child’s injuries are properly assessed and documented.
- Report the incident to the police or local council, even for minor accidents, to create an official record.
- Notify the at-fault driver’s insurer to initiate the CTP claim process. The insurer may require a claim form, medical reports, and other evidence.
- Preserve all evidence related to the incident, including witness contact details and copies of medical records.
The 52-week deadline for submitting claims applies to all CTP injuries, but this period may be extended if the injury’s full consequences are not immediately apparent. For example, a child with a soft tissue injury may require ongoing treatment, and the 52-week limit applies only if the injury is the child’s only injury.
When to Seek Legal Advice
While the above steps cover most documentation needs, complex cases may require legal assistance. Consider consulting a lawyer if:
- The injury involves a threshold injury and the insurer disputes eligibility.
- There are contributory fault issues, such as the child running into the road.
- The claim involves lifetime care needs or long-term medical treatment.
- The accident occurred on private property or a car park, which may complicate fault determination.
Example Scenario
A 7-year-old child is struck by a car while playing on a driveway. The child sustains a soft tissue injury and requires physiotherapy. The parent documents the incident with a police report, collects witness statements, and obtains medical records confirming the injury. These records are critical to proving the child’s entitlement to statutory benefits under the MAIA.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.