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 your child was injured as a pedestrian in a driveway accident in Bathurst, understanding what evidence to collect and how to document it is critical for a NSW CTP claim. The Motor Accident Injuries Act 2017 and SIRA guidelines outline the records needed to support claims for children injured in residential driveway accidents. This article explains the practical steps to preserve evidence, the types of documentation that matter, and key considerations for families seeking compensation under the NSW CTP scheme.
What Evidence is Required for a Driveway Child Pedestrian Accident?
Under NSW CTP rules, evidence must clearly show the child’s injury resulted from a motor vehicle accident. Essential records include:
- Medical documentation: Detailed records from doctors, specialists, or clinics confirming the child’s injuries, treatment, and recovery. This includes X-rays, scans, and notes on neurological or spinal issues.
- Accident report: A written account from the driver, witness, or police officer describing the incident, including vehicle details, time, location, and how the child was injured.
- Witness statements: Statements from family members, neighbors, or passersby who saw the accident, including descriptions of the vehicle, speed, and the child’s condition.
- Photographs and videos: Images of the accident scene, vehicle damage, and the child’s injuries (if appropriate and not distressing). Avoid using flash or filters to ensure clarity.
- Witness contact details: Names, phone numbers, and addresses of witnesses to verify their availability for further questions.
- Vehicle information: Registration details, make/model, and license plate number of the vehicle involved.
How to Document Records for Driveway Child Accidents?
Record-keeping must be thorough and organized. For example, if your child suffered a soft-tissue injury (like a bruise or sprain), ensure medical records specify whether it meets the threshold injury definition under the Motor Accident Guidelines. This is crucial because claims for threshold injuries may have different time limits than those for more severe injuries.
If your child was injured in a driveway near a home, note the location’s characteristics. For instance, a steep driveway or poor lighting could affect the accident’s legal classification. Documenting these details helps establish the accident’s context under NSW CTP rules.
Key Considerations for CTP Claims Involving Children
- Time limits: Claims must be submitted within 52 weeks of the accident if the child’s injuries are limited to threshold injuries. If the child has more severe injuries, the 52-week rule does not apply. Always check the injury type with a medical professional.
- Dispute resolution: If the insurer disputes the claim, you may need to request a review by SIRA or seek independent medical opinions. SIRA’s guidelines emphasize that claims must be based on objective evidence, not assumptions.
- Special handling for children: Families should involve a legal representative familiar with CTP claims to ensure all documentation meets SIRA’s standards. For example, a child’s inability to provide a full account of the accident may require additional witness statements.
Example Scenario
A 6-year-old child was struck by a car while playing in a driveway. The driver fled the scene, but a neighbor called police. The child received treatment for a suspected spinal nerve-root injury. In this case, evidence would include:
- A medical report confirming the injury meets the
- spinal nerve-root* definition in the Motor Accident Guidelines.
- A police report detailing the incident and the driver’s failure to stop.
- Witness statements from the neighbor and the child’s parent.
When to Seek Legal Advice
Contact a legal professional if:
- The accident occurred in a car park, driveway, or private property (as these locations may require specific legal analysis).
- The child’s injuries involve neurological signs or require long-term care.
- The insurer denies the claim or disputes the injury’s severity.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.