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 residential driveway in Greater Sydney, retaining specific evidence is critical to support a Compulsory Third Party (CTP) claim under NSW law. The Motor Accident Injuries Act 2017 (MAIA) governs CTP claims, and the New South Wales Motor Accident Claims Authority (SIRA) provides guidance on what records to preserve. This article explains the evidence required, how SIRA guidelines apply to residential driveway accidents, and practical steps to take after a child injury.
Key Evidence for Driveway Child Pedestrian Claims
To establish a CTP claim, you must document the incident and injuries. Essential records include:
- Medical records: Detailed reports from doctors, specialists, or physiotherapists confirming the injury, treatment, and recovery timeline. This includes imaging (e.g., X-rays) and notes on neurological or spinal nerve-root injuries, which may qualify under the MAIA’s threshold injury rules.
- Accident report: Obtain a report from the NSW Police or local authorities if the incident was reported. This confirms the location, time, and circumstances of the collision.
- Witness statements: Statements from neighbors, family members, or passersby who saw the incident. Witnesses can describe the vehicle’s speed, the child’s actions, or any traffic hazards.
- Photographs and videos: Document the scene, including skid marks, damaged property, and the child’s injuries. Avoid altering the scene or removing evidence.
- Insurance correspondence: Save all communication with the at-fault driver’s insurer, including claims forms, letters, and responses. This shows your efforts to pursue compensation.
- Income and care records: If the child requires ongoing care or lost income, provide evidence such as school records, medical bills, or receipts for therapy sessions.
How SIRA Guidelines Apply to Residential Driveway Accidents
SIRA’s guidelines on motor accident claims emphasize that residential driveway incidents are treated under the same CTP framework as road accidents. For example, if your child suffered a threshold injury (e.g., soft-tissue damage with spinal nerve-root involvement), you may qualify for weekly income payments or treatment benefits under the MAIA. However, the 52-week rule applies: if your child’s only injuries are threshold injuries, benefits are generally limited after 52 weeks. This distinction is crucial for determining long-term entitlements.
SIRA also clarifies that fault does not need to be proven for a CTP claim, as the scheme is no-fault. However, the at-fault driver’s insurance must be identified to process the claim. If the driver is uninsured or untraceable, you may need to pursue a Nominal Defendant claim through the NSW Civil and Administrative Tribunal (NCAT).
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident if the injury is a threshold injury. For non-threshold injuries (e.g., fractures or brain damage), there is no strict time limit, but delays may reduce the chances of securing full compensation. Always notify your insurer within this period to avoid complications.
If your claim is disputed, SIRA’s dispute resolution process allows for mediation or a formal review. You may also seek independent medical opinions to challenge the insurer’s assessment of your child’s injuries.
When to Seek Legal Advice
While SIRA provides a framework for claims, complex cases may require legal assistance. A solicitor can help navigate issues such as:
- Determining whether your child’s injuries qualify for whole person impairment (WPI) assessments.
- Contesting an insurer’s refusal to pay for non-threshold injuries.
- Exploring workers’ compensation overlap if the child was injured at a workplace or on private property.
Practical Example
A 7-year-old child was struck by a car while playing in a driveway. The family preserved medical records showing soft-tissue injuries with spinal nerve-root involvement, a police report documenting the incident, and witness statements from neighbors. They also kept receipts for physiotherapy sessions. This evidence supported a CTP claim for weekly income payments and treatment benefits under the MAIA.
Next Steps
CTP claims depend on the specific facts of your case, including the accident date, injury type, and evidence collected. Time limits and legal nuances can affect your entitlements. To request contact about your circumstances, complete the quick, no obligation enquiry form.