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).
Children injured in driveways or low-speed vehicle paths in Ballina NSW may be eligible for treatment cost coverage under the NSW Compulsory Third Party (CTP) scheme. This article explains how CTP insurance funds medical treatment for child pedestrians, the evidence required, and key considerations for families.
How CTP Covers Treatment Costs for Child Injuries
Under the Motor Accident Injuries Act 2017, CTP insurance covers treatment costs for injuries caused by motor vehicles. For children, this includes medical bills, therapy, and specialist care. SIRA (State Insurance Regulatory Authority) administers these claims, and the Motor Accident Guidelines outline what qualifies.
Children injured in driveways are treated as pedestrians, so the same rules apply as for other road users. However, SIRA has specific considerations for child injuries, such as the need to prove the injury resulted from the accident. For example, a broken arm from a driveway collision would be covered, but a pre-existing condition must be ruled out.
Documentation Required for Treatment Claims
To claim treatment costs, families must provide:
- Medical records showing the injury and treatment
- Accident details, including the vehicle involved and location
- Witness statements or police reports
- Proof of income to assess financial impact
SIRA requires these documents to verify the injury is a 'threshold injury' under the Motor Accident Guidelines. This means the injury must meet specific clinical criteria, such as a spinal nerve-root injury with neurological signs.
Key Differences for Child Pedestrians
SIRA treats child injuries differently from adult claims. For instance, a child's 'threshold injury' may include less severe symptoms due to their smaller size. Families should also consider:
- The child's age and developmental stage
- Long-term treatment needs, such as ongoing therapy
- The impact on the child's ability to attend school or play
A hypothetical example: A 7-year-old injured in a driveway collision requires surgery and physiotherapy. CTP would cover the hospital bills and therapy costs, but the claimant must prove the injury was caused by the accident and not a pre-existing condition.
Time Limits and Dispute Resolution
Families must notify SIRA within 52 weeks of the accident to claim weekly benefits. However, treatment cost claims can be made at any time, provided the injury was caused by the accident. If SIRA disputes the claim, families can:
- Request a review by the Motor Accident Claims Authority
- Seek independent medical opinions
- Consult a solicitor for dispute resolution
When to Seek Legal Advice
While many claims are resolved through SIRA, complex cases may require legal assistance. Families should consider legal advice if:
- The injury involves long-term treatment
- There are disputes over fault or coverage
- The child's condition worsens after the initial claim
Next Steps
CTP claims for driveway child injuries depend on the accident date, injury type, and evidence provided. Families in Ballina should act quickly to preserve their rights. To discuss your circumstances, complete the quick, no obligation enquiry form.