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).
A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
If a child is injured in a driveway accident in Armidale NSW, gathering strong evidence is critical to support a Compulsory Third Party (CTP) claim. Under NSW law, the Motor Accident Injuries Act 2017 and SIRA guidelines govern claims for injuries caused by motor vehicles. This article explains what evidence matters, how to document injuries, and how to meet legal requirements for child pedestrian claims in driveways.
What Evidence Proves a Driveway Child Pedestrian Accident?
To establish a claim, you must prove the accident occurred, the vehicle was involved, and the child sustained an injury. Key evidence includes:
- Medical records showing injuries, treatment, and recovery (e.g., scans, doctor notes, therapy records)
- Witness statements from neighbors, family, or passersby who saw the incident
- Photographs of the accident scene, vehicle damage, and the child's injuries
- Accident reports from local authorities or the driver's insurance company
- Vehicle details like registration numbers, make/model, and driver information
- Witness contact details to verify statements
Records to Keep for a Child Pedestrian Claim
Documenting the child's condition and treatment is essential. Keep:
- Medical records showing the injury's severity and treatment timeline
- School or daycare records if the injury affects attendance or learning
- Income records for dependants if lost income is claimed
- Witness statements detailing the accident's circumstances
- Photos of the child's injuries (with dates and descriptions)
- Correspondence with insurers or SIRA
How SIRA Guidelines Apply to Driveway Claims
SIRA (State Insurance Regulatory Authority) oversees CTP claims in NSW. Their guidelines state that injuries must meet the threshold injury definition under the Motor Accident Injuries Act 2017. For driveway accidents, this means:
- Injuries must be caused by a motor vehicle (e.g., a car, motorcycle, or truck)
- The child must have been outside a private property or on a public road
- The injury must be documented by a medical practitioner as meeting the threshold criteria
Time Limits and Disputes
CTP claims must be made within 52 weeks of the accident if only threshold injuries are involved. If the injury exceeds the threshold, there's no time limit, but the claim must be submitted to SIRA within 52 weeks of the injury being confirmed. Disputes over injury severity or fault should be resolved through SIRA's review process or legal advice.
When to Seek Legal Advice
If the injury involves long-term effects, disputes over fault, or complex medical evidence, consult a solicitor. A lawyer can help navigate SIRA's requirements, challenge incorrect assessments, or pursue additional compensation for pain and suffering.
Next Steps
CTP claims depend on accurate evidence, timely action, and understanding the legal framework. If you're unsure about your claim's viability, complete the quick, no obligation enquiry form to request contact about your circumstances.