Children injured in driveways or low-speed vehicle areas are eligible for compensation under NSW's Compulsory Third Party (CTP) scheme. Insurers assess claims based on factors like the child's age, injury severity, and evidence of the accident. This article explains how insurers evaluate driveway child pedestrian claims, referencing SIRA guidelines and common assessment criteria.
Key factors insurers consider for driveway child claims
NSW CTP insurers evaluate claims by assessing whether the injury meets the scheme's criteria. For children, factors include:
- Age and development stage - Younger children may have different recovery timelines and medical needs.
- Nature of the injury - Insurers check if the injury qualifies as a 'threshold injury' under the Motor Accident Injuries Act 2017. This includes soft tissue injuries like whiplash or fractures that meet specific SIRA guidelines.
- Evidence of the accident - Medical records, witness statements, and accident reports are critical. For example, a doctor's note confirming a child's injury and its link to the driveway incident is essential.
- Vehicle details - Whether the accident occurred on private property or a public driveway affects how the claim is assessed. SIRA guidelines state that injuries from low-speed collisions (e.g., a car pulling into a driveway) are eligible if they meet the threshold.
How SIRA guidelines apply to driveway accidents
SIRA's Motor Accident Guidelines define 'threshold injuries' as those requiring medical treatment and causing temporary or permanent impairment. For children, even minor injuries like a sprained ankle or concussion may qualify if they meet these criteria. Insurers often refer to SIRA's 'What you can claim' page to determine entitlements, including:
- Weekly income payments for lost wages if the child is unable to attend school.
- Treatment and care benefits for medical expenses.
- Compensation for pain and suffering if the injury results in long-term impairment.
Common insurer disputes in driveway claims
Insurers may challenge claims by arguing:
- The injury does not meet the threshold - For example, claiming a minor bruise is not a 'threshold injury' under the Act. However, SIRA guidelines clarify that even soft tissue injuries with neurological signs (like tingling or numbness) may qualify.
- The accident was not caused by a motor vehicle - If the child was injured while playing near a car parked in a driveway, insurers may dispute whether the vehicle was involved. SIRA's 'Making a motor accident claim' page states that the vehicle must have been in motion or stationary but involved in the incident.
- The claimant failed to act promptly - Insurers may argue that delays in seeking medical attention or reporting the incident affect entitlements. For example, if a child's injury worsens over time without timely treatment, insurers may dispute the extent of the claim.
Practical steps for families
To strengthen a claim, families should:
- Seek immediate medical attention - Document the injury with a medical professional. For example, a doctor's report confirming a child's concussion or broken arm is crucial.
- Preserve evidence - Collect witness statements, photos of the accident scene, and vehicle details. If the accident occurred on private property, note whether the driveway was marked or had speed limits.
- Notify the insurer - Contact the at-fault driver's CTP insurer within 52 weeks of the incident. While there's no strict deadline, delays may reduce the chances of securing full benefits.
When to seek legal advice
Families should consult a solicitor if:
- The insurer disputes the injury's severity or eligibility.
- The claim involves long-term care needs or permanent impairment.
- The accident occurred on private property, requiring a detailed assessment of the vehicle's role.
Next steps
CTP claims depend on the accident date, injury type, and evidence. To request contact about your circumstances, complete the quick, no obligation enquiry form.