If a child is injured as a pedestrian in a driveway accident in New South Wales, preserving evidence is critical to support a Compulsory Third Party (CTP) compensation claim. This guide explains what records to keep, how SIRA guidelines apply to child injuries, and practical steps to take. The NSW CTP scheme covers injuries from motor vehicle accidents, including driveway incidents, but the evidence you collect will determine the claim’s success.
What Evidence Matters for Driveway Child Injuries
To support a CTP claim for a child injured in a driveway accident, you must gather specific evidence. Key records include:
- Medical records: Document all injuries, treatments, and medical opinions. SIRA guidelines emphasize that injuries must meet the threshold injury definition under the Motor Accident Injuries Act 2017 (MAIA), which includes soft tissue injuries with neurological signs.
- Accident details: Obtain a written account of the incident, including the vehicle’s speed, location, and any witnesses. SIRA advises that low-speed driveway accidents may still qualify if the child’s injuries meet the threshold.
- Witness statements: Statements from bystanders or other drivers can help establish fault or the accident’s circumstances.
- Photographs: Images of the injury site, vehicle damage, and the child’s condition can support your claim.
- Income records: If the child’s injury affects their ability to attend school or requires care, keep records of lost income or additional expenses.
How SIRA Guidelines Apply to Child Injuries
SIRA’s Motor Accident Claims page explains that children are treated as individuals under the CTP scheme. For example, a child with a soft tissue injury requiring medical treatment may qualify for weekly income payments under the MAIA. SIRA’s guidelines also clarify that injuries must be directly caused by the motor vehicle accident, not pre-existing conditions.
A hypothetical example: A 6-year-old child is struck by a car while playing in a driveway. Medical records show a bruised arm and a minor concussion. SIRA would assess whether these injuries meet the threshold for compensation, considering the child’s age and the nature of the injury.
Time Limits and When to Seek Advice
CTP claims in NSW have strict time limits. You must notify the at-fault driver’s insurer within 52 weeks of the accident. If the child’s injuries are classified as threshold injuries, benefits like weekly payments may stop after 52 weeks under the MAIA. However, if the child has a whole person impairment rating of 10% or more, they may still be eligible for ongoing compensation.
Disputes over injury severity or fault can arise. For example, an insurer might argue the child’s injuries were not caused by the accident. In such cases, independent medical opinions or expert evidence may be required. It is essential to act quickly and seek legal advice if the insurer denies the claim or disputes the injury’s severity.
Next Steps for Parents and Caregivers
If your child was injured in a driveway accident, start by seeking immediate medical attention. Document the incident thoroughly and contact the at-fault driver’s insurer. Remember, every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.