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 in driveways may be eligible for compensation under NSW's Compulsory Third Party (CTP) scheme, regardless of whether the accident occurred in a rural or remote area. This article explains how driveway accidents involving children qualify for CTP benefits, the evidence needed to support a claim, and how location factors may influence the process.
CTP Scheme Eligibility for Driveway Child Injuries
Under the Motor Accident Injuries Act 2017, the CTP scheme covers injuries caused by motor vehicles, including low-speed collisions in driveways. A child pedestrian injured in a driveway qualifies if the accident involved a vehicle registered in NSW, even if the driveway is on private property. The location, whether urban or rural, does not affect eligibility, but may influence access to medical services or documentation.
Key criteria include:
- The child was injured while walking or standing in a driveway
- The injury resulted from a motor vehicle accident
- The vehicle was registered in NSW
- The injury occurred on a public road, private driveway, or car park (as defined by NSW law)
Practical Steps and Evidence Needed
To claim CTP benefits, you must notify the at-fault driver's insurer within 52 weeks of the accident. Critical evidence includes:
- Medical records confirming the injury and its connection to the accident
- Police report or accident report (if available)
- Witness statements or photographs of the scene
- Proof of the child's income or care costs, if applicable
In rural areas, delays in accessing medical care or documentation may occur. It is important to preserve all records and contact the insurer promptly to avoid missing time limits.
Time Limits and When to Seek Advice
CTP claims must be submitted within 52 weeks of the accident. If the injury is a 'threshold injury' (e.g., soft tissue damage), benefits are generally limited to 52 weeks unless the injury meets specific criteria under the Motor Accident Guidelines. For complex cases, such as long-term care needs or disputes over fault, legal advice is recommended to ensure all options are explored.
Example Scenario
A 7-year-old child is struck by a car while walking in a rural driveway. The parent gathers medical records showing soft tissue injuries, contacts the insurer, and submits a claim. The insurer assesses the injury under the CTP scheme, considering the child's age and the location of the accident. The claimant may also seek advice to explore additional support if the injury affects long-term mobility.
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. For rural and remote claimants, accessing accurate information and meeting procedural deadlines can be challenging. To request contact about your circumstances, complete the quick, no obligation enquiry form.