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 as pedestrians in driveways are eligible for compensation under NSW Compulsory Third Party (CTP) insurance, but insurers assess claims based on specific legal criteria. This article explains how insurers evaluate driveway child claims, the factors they consider, and practical steps to improve your chances of success in Albury NSW.
Key Factors in NSW CTP Insurer Assessments
NSW insurers evaluate driveway child pedestrian claims by assessing:
- Medical evidence - Documentation of injuries, including medical reports and treatment records.
- Injury severity - Whether the injury meets the 'threshold injury' definition under the Motor Accident Injuries Act 2017.
- Fault and circumstances - Whether the driver owed a duty of care and breached it, even in low-speed driveway incidents.
- SIRA guidelines
- Adherence to the
- Motor Accident Guidelines* for assessing injury severity and claim eligibility.
Insurers may deny claims if there's insufficient evidence of injury, such as lack of medical documentation or failure to meet threshold injury criteria. For example, a child with minor bruising but no diagnosed injury may not qualify for compensation.
SIRA's Role in Driveway Child Claims
SIRA (State Insurance Regulatory Authority) oversees CTP claims in NSW and provides authoritative guidance on:
- What injuries qualify for compensation.
- How to report claims.
- Time limits for submitting evidence.
SIRA's What you can claim page clarifies that children injured in driveways are eligible for treatment benefits, weekly payments, and lump sum damages if their injuries meet the threshold. However, insurers may dispute claims if the injury is not 'serious enough' under the guidelines.
Practical Steps for Claimants in Albury NSW
To strengthen your claim:
- Seek immediate medical attention - Even minor injuries should be documented by a medical practitioner.
- Preserve evidence - Collect accident reports, witness statements, and photographs of the driveway scene.
- Notify the insurer - Contact the at-fault driver's CTP insurer within 52 weeks of the accident (per s 3.28 of the Motor Accident Injuries Act 2017).
- Request a SIRA review - If the insurer denies your claim, you may apply for a review by the NSW Civil and Administrative Tribunal (NCAT).
Time Limits and Dispute Options
CTP claimants in NSW have 52 weeks from the accident date to submit evidence of injury. After this period, weekly benefits and treatment payments typically stop unless the injury is classified as a 'threshold injury' (per s 4.4 of the Motor Accident Injuries Act 2017). If your claim is disputed, you may:
- Request a review by NCAT.
- Seek legal advice to challenge the insurer's decision.
When to Seek Legal Advice
Insurers may dispute claims based on technicalities, such as whether the injury meets the threshold or if the accident occurred in a private driveway. A legal professional can help you:
- Challenge an insurer's refusal to pay.
- Navigate SIRA's assessment process.
- Understand your rights under the Motor Accident Injuries Act 2017.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.