Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
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).
When a child is injured in a driveway collision, NSW insurers assess liability based on the driver's duty of care, risk assessment, and contributory negligence. This article explains how insurers evaluate claims, the legal framework governing residential driveway incidents, and practical steps to support a claim. Key factors include the driver's awareness of risks, speed limits, and the child's actions. Understanding these elements helps injured families navigate the claims process under the Motor Accident Injuries Act 2017.
NSW CTP Liability Rules for Driveway Accidents
NSW CTP insurers determine liability by applying the duty of care principle under the Motor Accident Injuries Act 2017. Drivers must exercise reasonable care in residential areas, where speed limits are typically lower and children are common. Insurers assess whether the driver failed to account for risks like children playing in driveways or near parked vehicles. For example, a driver exceeding the 40 km/h limit in a residential area may be deemed to have breached their duty of care.
The Motor Accident Guidelines (2023) emphasize that insurers evaluate the driver's awareness of potential hazards. In driveway incidents, factors like poor lighting, narrow access points, or the driver's distraction are scrutinized. If the child's actions (e.g., sudden movement) contributed to the accident, insurers may consider contributory negligence, which could reduce compensation.
Practical Evidence for Driveway Child Claims
To support a claim, gather evidence such as:
- Medical records documenting injuries and treatment
- Police reports or accident statements
- Witness accounts from neighbors or family
- Photographs of the driveway, vehicle position, and any hazards
- Speed limit signs from the area
Documenting the child's behavior (e.g., running into the driveway) and the driver's actions (e.g., phone use) is critical. SIRA advises that claims are stronger when evidence demonstrates the driver's failure to exercise reasonable care in a residential setting.
Time Limits and Dispute Resolution
Claims must be submitted within 52 weeks of the accident under the Motor Accident Injuries Act 2017. If injuries are below the 'threshold injury' definition, insurers may limit benefits after 52 weeks. For example, a child with soft-tissue injuries (like a bruise) may not qualify for long-term payments.
Disputes over liability or compensation can be resolved through SIRA's dispute resolution process or legal advice. Insurers may challenge claims if they argue the driver took reasonable care, even in a driveway scenario. Families should act promptly to preserve evidence and meet deadlines.
When to Seek Legal Advice
Complex cases, such as those involving multiple vehicles or unclear fault, may require legal assistance. A solicitor can help challenge an insurer's decision or negotiate a fair settlement. Always check if the accident occurred before 1 December 2017, as the old Motor Accidents Compensation Act 1999 (MACA) applies to older claims.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.