Children injured in driveways are eligible for compensation under NSW's Compulsory Third Party (CTP) scheme. SIRA assesses claims based on injury severity, evidence, and applicable laws. This article explains how SIRA handles driveway child pedestrian claims, outlines practical considerations, and provides real-world examples to clarify legal boundaries and claim processes.
How SIRA Handles Driveway Child Claims
SIRA manages claims for children injured in driveways under the Motor Accident Injuries Act 2017 (MAIA). Key factors include the type of injury, evidence of the accident, and whether the child meets the 'threshold injury' definition. For example, a child struck by a car while playing in a driveway may qualify for treatment benefits if they have soft tissue injuries, such as whiplash or bruising. SIRA evaluates medical records to determine if the injury falls within the soft tissue category or requires more extensive care.
Practical Steps for Claimants
To support a claim, gather evidence such as:
- Medical records documenting the injury and treatment
- Police reports or witness statements
- Photographs of the accident scene
- Proof of income if claiming weekly payments
Time limits apply. For injuries meeting the 'threshold injury' definition, benefits like weekly payments are generally limited to 52 weeks. If a child's injury exceeds threshold criteria, they may be eligible for long-term compensation. Claimants should notify SIRA within 52 weeks of the accident to avoid missing benefits.
Disputes and When to Seek Advice
Disputes may arise if SIRA disputes the injury's severity or the claimant's eligibility. For example, if a child's injury is classified as a 'threshold injury' but requires ongoing treatment, claimants may need to provide additional medical evidence. Legal advice should be sought if disputes over benefits, fault, or claim eligibility occur. SIRA's guidelines emphasize that each case is assessed based on its unique circumstances.
Real-World Example
A 7-year-old child injured in a driveway by a low-speed vehicle may receive treatment benefits if their injury meets the soft tissue definition. However, if the child has a fracture or requires surgery, the claim may fall outside threshold injuries, allowing for higher compensation. This distinction highlights the importance of accurate medical assessment in determining claim outcomes.
Next Steps
CTP claims for driveway injuries depend on the accident date, injury type, and evidence. While SIRA provides a framework for claims, individual circumstances may require legal review. To request contact about your specific situation, complete the quick, no obligation enquiry form.