Driveway Child Injuries and CTP Claims on the Central Coast
If a child is injured in a driveway or low-speed vehicle area on the Central Coast, the NSW Compulsory Third Party (CTP) scheme may apply. However, specific rules govern claims for child pedestrians, including documentation requirements, injury thresholds and time limits. This article explains what families need to know about CTP claims following driveway accidents involving children.
What CTP Covers for Child Pedestrians
Under the Motor Accident Injuries Act 2017, CTP insurance covers injuries to pedestrians, including children, caused by motor vehicles. However, the injury must meet the 'threshold injury' definition in the Motor Accident Guidelines. For children, this often includes soft tissue injuries like whiplash or concussion, but more serious injuries such as spinal nerve-root damage or fractures may also qualify.
SIRA (State Insurance Regulatory Authority) handles CTP claims in NSW. For driveway accidents, the key question is whether the injury meets the threshold injury criteria. If the child is under 12, the injury must be assessed against the 'child threshold' in the guidelines. This distinction is critical because it determines whether statutory benefits or a common law damages claim may apply.
Practical Steps and Evidence for Driveway Claims
To support a CTP claim after a driveway accident, families should:
- Obtain immediate medical attention and document all treatment records
- Preserve evidence of the accident, including:
- Police reports or accident statements
- Witness contact details
- Photographs of the scene and vehicle damage
- Video footage from nearby cameras
- Keep records of any lost income or additional care costs
SIRA requires detailed medical documentation to assess the injury's severity. For example, a child with a concussion may need a GP note confirming symptoms like dizziness or nausea, while a spinal injury would require specialist imaging reports.
Time Limits and Dispute Resolution
CTP claims must be reported within 52 weeks of the accident if the injury is a 'threshold injury'. If the injury is more severe, the 52-week period does not apply. However, the child must be assessed by a medical practitioner within 28 days of the accident to determine eligibility for statutory benefits.
If the insurer disputes the claim, families may need to:
- Request a review of the injury assessment
- Seek independent medical opinion if the injury meets the threshold
- Consider legal advice if the claim is denied
Example Scenario
A 7-year-old child is struck by a car while playing in a driveway. The child experiences dizziness and nausea but no visible injuries. The family contacts the police and obtains a medical report confirming a concussion. Under the Motor Accident Guidelines, this would qualify as a threshold injury, making the child eligible for weekly benefits and treatment costs through SIRA.
When to Seek Legal Advice
Families should consult a solicitor if:
- The injury exceeds the threshold injury definition
- The insurer denies the claim without explanation
- The child requires long-term care or rehabilitation
- The accident occurred on private property or a car park
Legal professionals can help navigate SIRA's assessment process and ensure all documentation meets the required standards.
Next Steps
CTP claims for driveway child injuries depend on the specific circumstances of the accident and the child's medical condition. To request contact about your circumstances, complete the quick, no obligation enquiry form.