Driveway Child Injuries, Understanding How NSW CTP Insurers Evaluate Claims
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).
If your child was injured in a driveway accident in Greater Sydney, you may be wondering how the NSW Compulsory Third Party (CTP) insurance scheme assesses your claim. This article explains the legal framework behind these decisions, the evidence insurers typically require, and the practical steps parents should take.
NSW CTP Rules Behind Driveway Child Claims
In New South Wales, CTP insurance covers injuries caused by motor vehicles. The Motor Accident Injuries Act 2017 (MAIA) governs claims, including those involving children injured on driveways. Insurers must assess claims based on the SIRA Motor Accident Guidelines, which outline what injuries qualify for compensation.
Driveway accidents are treated like any other pedestrian claim, but there are specific considerations. For example, the location of the accident (e.g., on private property) and the speed of the vehicle may influence the insurer’s decision. SIRA guidelines emphasize that the nature of the injury, such as whether it meets the 'threshold injury' definition, is critical to determining eligibility for benefits.
Evidence That Matters for Driveway Child Claims
To support a claim, you will need to provide evidence that your child’s injury was caused by a motor vehicle and that the injury meets the legal definition of a 'threshold injury.' This includes:
- Medical records confirming the injury and its cause.
- Witness statements from family members, neighbors, or others present at the scene.
- Photographs of the accident scene, the vehicle, and any visible damage.
- Accident reports from the police or local authorities, if available.
- Witness details such as names, contact information, and statements.
- Income records if your child’s injury has affected your family’s financial situation.
Time Limits and Dispute Options
CTP claims in NSW have strict time limits. You must notify the insurer within 28 days of the accident, and you have three years from the date of the incident to file a claim. If the insurer denies your claim, you may need to request a review or appeal through the NSW Civil and Administrative Tribunal (NCAT).
When to Seek Legal Advice
If your claim is denied or you are unsure about the next steps, it is important to seek legal advice. A solicitor can help you understand your options, ensure your claim is properly prepared, and represent you if a dispute arises.
A Hypothetical Example
Consider a scenario where a child is injured while playing in a driveway. The car was parked, but the child ran into the road. The insurer may deny the claim if they believe the injury was not caused by a moving vehicle. However, if the child was struck by a car that was moving at low speed, the claim may be accepted under the CTP scheme.
Next Steps
Understanding how insurers evaluate CTP claims is essential for parents seeking compensation for their child’s injuries. If you are unsure about your claim or need assistance, it is important to seek professional legal advice. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.