Driveway Child Pedestrian Injuries and NSW CTP Claims
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 while walking in a driveway or on a low-speed vehicle path in Greater Sydney, you may be eligible for compensation under New South Wales’ Compulsory Third Party (CTP) scheme. This article explains how NSW CTP laws apply to such accidents, outlines the practical considerations for making a claim, and highlights the key legal points to be aware of.
How NSW CTP Law Applies to Driveway Child Pedestrian Accidents
Under the Motor Accident Injuries Act 2017 (MAIA), CTP insurance covers injuries caused by motor vehicles, including accidents involving children. While the law does not distinguish between accidents in driveways and those on roads, the location and circumstances of the incident are crucial in determining the claim’s validity.
For example, if a child was struck by a car while walking in a driveway, the claimant must establish that the vehicle was involved in a motor accident. The location of the accident does not change the legal framework, but it may affect the assessment of fault, especially if the vehicle was parked or moving slowly.
Practical Steps and Evidence That Usually Matter
When making a CTP claim involving a driveway child pedestrian, it is essential to gather and preserve evidence that supports the injury and the circumstances of the accident. Key evidence includes:
- Medical records confirming the child’s injuries and treatment
- Witness statements from family members, neighbors, or passersby
- Photographs of the accident scene, including the vehicle and any damage
- Police reports or incident reports, if available
- A detailed account of the incident, including the time, location, and what happened
In some cases, the child’s school or daycare may also provide valuable information. It is important to report the incident to the relevant insurer as soon as possible to ensure the claim is processed in a timely manner.
Time Limits, Disputes and When to Seek Advice
CTP claims in NSW are subject to strict time limits. Generally, you must notify the insurer of the accident within 28 days of the incident. If the claim is not made within this period, the insurer may refuse to cover the injury. However, there are exceptions, such as when the injured person was unaware of the injury or when the injury was not immediately apparent.
If the insurer disputes the claim, you may need to seek independent medical or legal advice. The New South Wales Motor Accident Claims Authority (SIRA) provides guidelines for assessing claims, and these are used to determine the level of compensation. If the claim is denied, you may need to challenge the decision through the appropriate channels.
Real-World Example: A Driveway Child Injury Claim
Consider the case of a 5-year-old child who was struck by a car while walking in a driveway in Sydney. The child suffered a minor injury, such as a bruise or cut, and required medical attention. The parents reported the incident to the insurer, and the claim was processed under the CTP scheme. The insurer assessed the injury as a 'threshold injury' under the Motor Accident Guidelines and provided the child with treatment and care benefits.
In this example, the location of the accident did not affect the claim’s validity, but the type and severity of the injury did. The claimant was advised to seek medical attention promptly and to report the incident to the insurer within the required timeframe.
When to Seek Legal Advice
While many CTP claims are straightforward, some cases may require legal assistance, especially if the claim is disputed or if the injured person is not receiving the compensation they believe they are entitled to. A solicitor can help you understand your rights, ensure that your claim is properly prepared, and represent you if the claim is denied.
Next Steps
CTP entitlements and deadlines can turn on the accident date, circumstances, injury and claim history. If you believe you may have a claim, it is important to act quickly. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.