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 injured as pedestrians on driveways in New South Wales may be eligible for compensation under the NSW Compulsory Third Party (CTP) scheme, but eligibility depends on specific legal criteria. This article explains how the CTP scheme applies to driveway accidents involving children, referencing official SIRA guidelines. It clarifies whether a child struck in a driveway qualifies for benefits, what evidence is needed, and how the scheme handles such claims.
NSW CTP Scheme Eligibility for Driveway Child Injuries
The NSW CTP scheme covers injuries to pedestrians, including children, when they are struck by a motor vehicle. However, the legal definition of a 'pedestrian' and the location of the incident are critical. SIRA guidelines confirm that a child injured on a driveway, footpath, or private property is generally considered a pedestrian for CTP purposes, provided the injury occurred while the child was outside the vehicle and not in a road or car park.
Key factors include: the child must be outside the vehicle, not in a road or car park, and the injury must result from a motor vehicle accident. For example, a child playing in a driveway and struck by a car would typically qualify, but a child injured in a private car park may not, depending on the specific circumstances.
Practical Steps and Evidence for Driveway Claims
To establish a CTP claim for a driveway injury, the following evidence is typically required:
- Medical records confirming the injury and its connection to the accident
- Police report or accident report detailing the incident
- Witness statements or statements from the child's caregivers
- Photographs of the scene, including the vehicle and any visible damage
- Proof of the child's age and relationship to the claimant (if applicable)
Parents or guardians should also document the child's medical treatment, recovery progress, and any impact on their daily life. SIRA advises that claims must be submitted within 52 weeks of the injury, though extensions may be granted in exceptional circumstances.
Time Limits, Disputes and When to Seek Advice
The NSW CTP scheme imposes strict time limits for claims. A claim must be submitted within 52 weeks of the injury, or within 52 weeks of the date the injury was discovered if it was not immediately apparent. Failure to meet these deadlines may result in the claim being rejected.
Disputes over eligibility or compensation are resolved by the NSW Civil and Administrative Tribunal (NCAT). If the insurer denies a claim, the claimant may need to request a review or seek independent legal advice. Parents should be aware that the CTP scheme does not cover all injuries, only those classified as 'threshold injuries' under the Motor Accident Injuries Act 2017, which includes soft tissue injuries, fractures, and certain neurological conditions.
Example Scenario
Consider a 6-year-old child injured in a driveway while playing. The child was struck by a car that failed to stop at a stop sign. The child sustains a broken arm and requires medical treatment. Under the CTP scheme, the claimant could seek compensation for medical expenses, lost income, and pain and suffering, provided the claim is submitted within the 52-week deadline.
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. To request contact about your circumstances, complete the quick, no obligation enquiry form.