Driveway child pedestrian injuries, what families need to know
If a child is injured in a driveway or low-speed vehicle path in New South Wales, the Compulsory Third Party (CTP) scheme may apply. The Motor Accident Injuries Act 2017 governs claims for injuries caused by motor vehicles, including pedestrians. Families need to understand how NSW CTP rules apply to driveway accidents, what claims are available, and how to proceed. This article answers critical questions about child pedestrian injuries in driveways, using official SIRA guidelines as a reference.
How NSW CTP law applies to driveway accidents
NSW CTP insurance covers injuries to all road users, including pedestrians, cyclists, and motorcyclists. A child struck in a driveway is treated the same as any other pedestrian. The key legal principles include:
- CTP applies to all motor vehicle accidents: Even if the incident occurs on private property, such as a driveway, the CTP scheme may cover injuries if a motor vehicle was involved. The location of the accident does not exclude coverage.
- Threshold injury rules: Under the Motor Accident Injuries Act 2017, injuries must meet the 'threshold injury' definition to qualify for benefits. This includes injuries like whiplash, soft tissue damage, or spinal nerve-root injuries with neurological signs. A child’s injury must be assessed by a medical practitioner to determine if it meets this standard.
- No-fault compensation: CTP claims are based on the fault of the driver, but the scheme provides compensation regardless of who is at fault. This means a child injured in a driveway may receive benefits even if the driver was not negligent.
What claims are available for driveway child pedestrian injuries?
Families may be eligible for several types of compensation under the CTP scheme, including:
- Weekly income benefits: If the child is unable to work due to injury, they may receive weekly payments to cover lost income. This applies if the injury is a 'threshold injury' and the child is over 14 years old.
- Treatment and care benefits: These cover medical expenses, therapy, and other treatment costs. The amount depends on the severity of the injury and the total cost of care.
- Pain and suffering damages: If the injury results in a whole person impairment (WPI) of 10% or more, the claimant may be entitled to additional compensation for pain, loss of enjoyment, and other non-economic losses.
- Special payments for children: Children under 14 may receive additional compensation for the loss of future income and quality of life. These are calculated based on the child’s age and the severity of the injury.
Practical steps and evidence for driveway child claims
To support a CTP claim after a driveway accident, families should:
- Seek immediate medical attention: A medical practitioner must assess the injury to determine if it meets the threshold injury definition. Keep all medical records, including reports, imaging, and treatment notes.
- Document the accident: Gather details about the incident, including the time, location, vehicle involved, and any witnesses. Photos of the scene, vehicle damage, and the child’s injuries (if safe to do so) can strengthen the claim.
- Notify the at-fault driver’s insurer: The insurer must be informed of the injury as soon as possible. SIRA’s 'Making a motor accident claim' guide outlines the process for submitting a claim.
- Use SIRA resources: The State Insurance Regulatory Authority (SIRA) provides templates and guides for claims. Families can access these through the SIRA website to understand their rights and the claims process.
- Keep records of income and expenses: If the child is unable to work, track lost income. For treatment costs, retain receipts for medical bills, therapy sessions, and other related expenses.
Time limits, disputes, and when to seek advice
CTP claims must be made within a specific timeframe. While there is no strict time limit for initiating a claim, delays can affect the ability to secure benefits. For example, weekly income benefits are generally limited after 52 weeks if the injury is a threshold injury, unless the claimant has a whole person impairment of 10% or more.
If a family disputes a claim decision, they can request a review through SIRA or escalate the matter to the NSW Civil and Administrative Tribunal (NCAT). It is important to seek legal advice if the injury results in a permanent impairment, if the claim is denied, or if there are disputes over the amount of compensation.
Example: A child injured in a driveway
Consider a scenario where a 7-year-old child is struck by a car while playing in a driveway. The child sustains a soft tissue injury, including a spinal nerve-root injury with neurological signs. A medical practitioner confirms the injury meets the threshold injury definition. The child’s family can claim weekly income benefits, treatment and care benefits, and potentially additional compensation for pain and suffering if the injury results in a WPI of 10% or more.
Next steps for families
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.