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).
Children injured in driveway accidents are eligible for NSW CTP compensation if the injury meets SIRA's threshold criteria. This article explains how CTP insurers assess claims for driveway accidents, outlines evidence needed for successful claims, and details how Central Coast cases are handled under NSW law. Parents and caregivers should understand that SIRA evaluates injuries based on clinical assessments, not just the location of the accident.
How NSW CTP insurers assess driveway child claims
CTP claims for children injured in driveways depend on whether the injury meets the 'threshold injury' definition in the Motor Accident Injuries Act 2017. SIRA assesses injuries using the Motor Accident Guidelines, which require clinical evidence of neurological signs or spinal nerve-root damage. For example, a child struck by a car while playing in a driveway may qualify if they show symptoms like numbness or tingling that meet SIRA's threshold criteria.
Insurers evaluate the accident's circumstances, including vehicle speed, road conditions, and whether the child was in a safe area. The location of the accident (e.g., a private driveway versus a public road) affects how SIRA interprets the incident, but the legal test remains the same: was the injury caused by a motor vehicle and does it meet the threshold definition?
Practical evidence for driveway child claims
Successful CTP claims require documented evidence of the injury and accident. Key records include:
- Medical reports confirming neurological signs or spinal nerve-root injuries
- Police or witness statements describing the incident
- Photographs of the accident scene and vehicle damage
- Proof of the child's pre-accident health status
- SIRA's injury assessment forms completed by treating medical practitioners
Parents should collect these documents promptly, as SIRA may request them to determine if the injury qualifies for compensation. For example, a child with a soft-tissue injury that doesn't meet threshold criteria may not be eligible for ongoing benefits.
Time limits and dispute resolution for Central Coast cases
CTP claims must be made within 52 weeks of the injury if the injury is limited to threshold injuries. If the child's injuries exceed threshold criteria, there is no time limit. SIRA's Central Coast office handles claims involving local road incidents, but the legal process is the same as in other NSW regions.
Disputes over injury severity or claim eligibility can be resolved through SIRA's review process or by seeking independent medical opinions. Parents should note that CTP insurers may request additional evidence to confirm the injury meets the threshold definition.
When to seek legal advice
Parents should consult a solicitor if:
- The child's injuries are unclear or disputed
- The accident involved multiple vehicles or complex circumstances
- The injury may qualify for both CTP benefits and other compensation
- The child requires long-term care or has ongoing medical needs
Legal professionals can help navigate SIRA's assessment process and ensure all evidence is properly submitted. Every claim depends on its own facts, and the Central Coast's unique road conditions may affect how SIRA interprets the incident.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.