Children injured as pedestrians in driveways may be eligible for treatment funding under NSW's Compulsory Third Party (CTP) scheme. The New South Wales Motor Accident Injuries Act 2017 and SIRA's guidelines determine whether treatment costs are covered. This article explains how SIRA assesses claims, what evidence is needed, and how the 10% impairment threshold applies to children's injuries. It also covers time limits and when to seek legal advice.
How SIRA Funds Treatment Costs for Driveway Child Injuries
Under the Motor Accident Injuries Act 2017, SIRA (State Insurance Regulatory Authority) administers CTP claims in NSW. If a child is injured as a pedestrian in a driveway, treatment costs may be funded if the injury meets specific criteria. SIRA evaluates claims based on:
- Medical evidence: Doctors must confirm the injury is a 'threshold injury' or higher. For children, this includes injuries like fractures, head trauma, or soft tissue damage requiring medical attention.
- Impairment threshold: A child must have at least a 10% whole person impairment (WPI) to qualify for ongoing treatment benefits. For example, a broken arm that heals without long-term effects may not meet this threshold, but a spinal injury causing mobility issues might.
- Accident circumstances: SIRA considers whether the child was in a driveway, car park, or other location. The vehicle's speed and whether the child was on private property may influence funding decisions.
Practical Steps and Evidence for Driveway Child Claims
To claim treatment costs for a child injured in a driveway, claimants must provide:
- Medical records: Detailed reports from doctors confirming the injury, treatment received, and its impact on the child's health.
- Accident details: Police reports, witness statements, and photos of the scene to establish how the injury occurred.
- Income and care records: Proof of out-of-pocket medical expenses, lost income for caregivers, or costs for specialist treatments.
- SIRA claim form: Completed and submitted through the official SIRA portal (https://www.sira.nsw.gov.au/claims/motor-accidents).
A hypothetical example: A 7-year-old child sustains a fractured tibia while playing in a driveway. Doctors confirm the injury requires surgery and six weeks of recovery. SIRA would assess whether the child meets the 10% WPI threshold and whether treatment costs are eligible for funding.
Time Limits, Disputes and When to Seek Advice
CTP claims must be submitted within 52 weeks of the accident for treatment benefits. If a child's injury is below the 10% threshold, SIRA may limit weekly payments after 52 weeks. However, if the child's condition worsens and exceeds the threshold later, additional funding may be available.
Disputes over funding decisions can be escalated to SIRA's review process or resolved through mediation. Claimants should seek legal advice if:
- The child's injury is unclear or disputed.
- SIRA denies a claim despite medical evidence.
- The family needs assistance with long-term care or financial support.
Time limits and procedural rules vary depending on the accident date. Claims made before 1 December 2017 fall under the older Motor Accidents Compensation Act 1999, which has different rules.
Next Steps for Driveway Child Injuries
If your child was injured as a pedestrian in a driveway and you're unsure about treatment funding, it's important to act promptly. SIRA's guidelines are complex, and claims involving children require careful assessment of medical and legal factors. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.