What CTP Compensation Is Available for Children Injured in Driveway Accidents?
A child injured in a driveway accident in New South Wales may be entitled to compensation under the Compulsory Third Party (CTP) insurance scheme. This scheme covers injuries caused by motor vehicle accidents, including those that occur on private property such as driveways, car parks, and residential streets. The child may be eligible for treatment and care benefits, weekly income payments if they were earning income, and damages if they have a threshold injury. These benefits are governed by the Motor Accident Injuries Act 2017 (MAIA), which sets out the rules for claims in NSW.
How SIRA Assesses Claims Involving Child Pedestrians in Driveways
The State Insurance Regulatory Authority (SIRA) oversees CTP claims in NSW and applies the MAIA to determine eligibility. A child pedestrian in a driveway accident is treated the same as any other pedestrian under the law. The insurer must assess whether the accident occurred in a motor vehicle accident context, which includes any use of a vehicle on a road or in a public place, and may extend to private property if the vehicle was being used in a way that could foreseeably cause injury. SIRA’s assessment focuses on whether the injury resulted from a motor vehicle accident and whether the injury meets the legal thresholds for compensation.
What Evidence Is Needed to Support a Driveway Accident Claim?
To establish a claim, families must provide evidence that supports the accident and the injury. Key evidence includes:
- A medical record from a doctor or specialist confirming the injury and treatment received.
- Photographs of the driveway, the vehicle, and any visible damage or marks at the scene.
- A written statement from a witness who saw the accident, including details about the vehicle’s movement and the child’s position.
- A report from the police or a local authority if one was made, even if no charges were laid.
- Documentation of any time off school, therapy sessions, or medical appointments related to the injury.
The absence of a police report does not prevent a claim, but it may make it more difficult to prove the accident occurred as described. Families should preserve all records and avoid altering or deleting any evidence.
Time Limits for Making a CTP Claim After a Driveway Accident
There is a time limit to make a claim for a child injured in a driveway accident. The claim must generally be made within three years of the accident date. This is set out in the Motor Accident Injuries Act 2017. If the claim is not made within this period, the right to claim may be lost, unless an extension is granted by a court.
If the child is under 18 at the time of the accident, the claim can be made on their behalf by a parent or guardian. The three-year time limit still applies, but it begins to run from the date of the accident, not from the child’s 18th birthday.
When a Claim May Be Disputed or Require Review
An insurer may dispute a claim on grounds such as the accident not being a motor vehicle accident, the injury not being caused by the vehicle, or the injury not meeting the legal threshold for damages. If a claim is disputed, the family may request a review by SIRA or, if necessary, apply to the NSW Civil and Administrative Tribunal (NCAT) for a determination. Families should not delay in seeking advice if a claim is rejected or if they are unsure about the insurer’s response.
A common issue in driveway accidents is whether the vehicle was being used in a way that constitutes a motor vehicle accident under the MAIA. For example, if a vehicle was moving slowly in a driveway for a short distance, it may still be considered an accident under the law, especially if a pedestrian was struck. SIRA provides guidance on this in its claims handbook.
A Realistic Example: How a Driveway Accident Claim Might Proceed
A 10-year-old child was walking across their family’s driveway in Sydney when a car, driven by a relative, reversed slowly to exit the property. The child was struck and sustained a minor concussion and soft tissue injuries to the neck. The family took the child to a local hospital, where a doctor confirmed the injuries and referred them to physiotherapy. The family collected photographs of the driveway, obtained a statement from a neighbour who saw the incident, and kept all medical records. They notified the insurer within six weeks of the accident. The insurer accepted the claim and began paying treatment and care benefits. After 52 weeks, the child had not recovered and was assessed as having a threshold injury. The family then applied for damages under the MAIA, which were approved after a medical assessment confirmed the injury met the threshold criteria.
Next Steps for Families Seeking CTP Compensation
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.