Children injured in driveways or low-speed vehicle paths may be eligible for compensation under NSW's Compulsory Third Party (CTP) scheme. This article explains how SIRA assesses claims for children struck in driveways, focusing on the Illawarra and South Coast regions. It covers eligibility criteria, required documentation, and how this differs from general child injury claims.
NSW CTP Scheme Eligibility for Driveway Injuries
The NSW CTP scheme covers injuries caused by motor vehicles, including children struck in driveways. Eligibility depends on whether the injury meets the 'threshold injury' definition in the Motor Accident Injuries Act 2017. Threshold injuries include soft tissue injuries, such as whiplash or concussion, and certain spinal nerve-root injuries. For example, a child who falls into a driveway and sustains a minor head injury may qualify, but the injury must meet specific clinical criteria outlined in the Motor Accident Guidelines.
SIRA evaluates claims based on the nature of the injury, not the location. While the Illawarra and South Coast regions have similar CTP rules to other NSW areas, the key factor is whether the injury occurred during a motor vehicle accident. Claims for children injured in private driveways are treated the same as those in public roads, provided the injury meets the threshold definition.
Documentation Needed for Driveway Claims
To support a driveway injury claim, you must provide evidence of the accident and injury. This includes:
- Medical records confirming the injury and its connection to the accident
- Police or witness statements describing the incident
- Photographs of the scene, vehicle damage, and any visible injuries
- Proof of the child's age and medical history, if relevant
SIRA may also request details about the vehicle involved, such as the driver's insurance and the vehicle's registration. For children, additional documentation like school records or care arrangements may be required to assess long-term impacts.
Time Limits and Dispute Options
You have 52 weeks from the accident date to claim certain benefits under the CTP scheme. After this period, weekly income payments and treatment benefits are generally limited unless the injury meets the 'whole person impairment' threshold. If the injury does not qualify as a threshold injury, the claim may be denied, and you may need to pursue a common law damages claim separately.
Disputes over eligibility or compensation can be resolved through SIRA's internal review process or the NSW Civil and Administrative Tribunal (NCAT). It's important to act quickly, as delays may affect your ability to claim benefits.
When to Seek Legal Advice
While SIRA handles most CTP claims, complex cases, such as those involving multiple injuries, long-term care needs, or disputes over fault, may require legal assistance. A solicitor can help navigate issues like contributory fault, where the child's actions may affect compensation. For example, if a child ran into the road without looking, SIRA may reduce benefits based on the degree of fault.
Example Scenario
A 7-year-old child is struck by a car while playing in a driveway. The injury results in a concussion and temporary mobility issues. Medical records confirm the injury meets the threshold definition, and the accident was reported to police. The family submits a claim to SIRA, providing witness statements and photos. SIRA approves treatment benefits and income support for 52 weeks, as the injury does not meet the whole person impairment threshold.
Next Steps
CTP eligibility and deadlines depend on the accident date, injury type, and claim history. To request contact about your circumstances, complete the quick, no obligation enquiry form.