Children injured in driveways or low-speed vehicle paths in NSW may be eligible for treatment costs covered under the Compulsory Third Party (CTP) scheme. This article explains how the NSW CTP framework funds medical and psychological care for child pedestrians, with a focus on the Illawarra and South Coast regions. It also outlines practical steps for families seeking compensation.
How NSW CTP Funding Covers Treatment Costs
Under the Motor Accident Injuries Act 2017, CTP insurers must cover reasonable treatment costs for injuries caused by motor vehicles. This includes medical, psychological, and rehabilitation expenses. For children, this may involve specialist care, therapy, or long-term support. The SIRA guidelines clarify that treatment must be directly related to the accident and approved by a medical practitioner.
Key considerations include:
- Threshold injuries: Soft tissue injuries (e.g., whiplash) or spinal nerve-root injuries meeting specific clinical criteria qualify for benefits.
- Ongoing care: If a child requires prolonged treatment, weekly income payments or treatment benefits may apply.
- Psychological care: SIRA recognizes the need for mental health support, including therapy for anxiety or trauma.
Practical Steps and Evidence for Families
To claim treatment costs, families should:
- Gather medical records documenting the injury and recommended treatment.
- Preserve accident details, such as witness statements or photos of the driveway scene.
- Obtain a report from a medical practitioner linking the injury to the accident.
- Note any psychological assessments or therapy records.
In the Illawarra and South Coast, local CTP insurers may have varying practices, so families should contact the relevant insurer directly. SIRA’s Making a motor accident claim page provides templates for submitting evidence.
Regional Differences and SIRA’s Role
While SIRA’s CTP framework applies uniformly across NSW, regional insurers may handle claims differently. For example, some insurers in the Illawarra may prioritize psychological care for children, while others may have stricter thresholds for soft tissue injuries. Families should:
- Request a written explanation of any denied claims.
- Seek advice from local legal or community services if disputes arise.
Time Limits and Dispute Resolution
CTP claims must be made within a reasonable time, though no fixed deadline is specified in the legislation. However, delays may reduce the likelihood of recovering benefits for threshold injuries, which are capped at 52 weeks under the Act. If a child’s injuries exceed threshold criteria, ongoing treatment may still be funded.
Disputes over treatment coverage should first be resolved with the insurer. If unresolved, families may need to escalate the matter through the NSW Civil and Administrative Tribunal (NCAT) or seek legal advice.
When to Seek Independent Advice
Families should consider consulting a legal professional if:
- The child’s injuries are unclear or require specialist assessment.
- The insurer denies coverage for psychological care.
- There are disputes over the extent of treatment benefits.
While CTP insurers must fund reasonable treatment, the process can be complex, especially for children. Independent legal advice ensures families understand their rights and options.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.