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).
Children injured as pedestrians in driveways or low-speed vehicle areas in Ballina NSW may be eligible for compensation under the NSW Compulsory Third Party (CTP) scheme. This article explains how to prepare for medical assessments required to claim benefits, outlines what evidence matters, and highlights key differences when a child is involved. The NSW CTP rules, including SIRA guidelines, determine how injuries are assessed and what documentation is needed to support a claim.
NSW CTP Rules for Child Pedestrian Injuries
Under the Motor Accident Injuries Act 2017, CTP insurers cover injuries to pedestrians, cyclists, and motorcyclists caused by motor vehicles. For children, the assessment focuses on whether the injury meets the 'threshold injury' definition in the Motor Accident Guidelines. This includes injuries like whiplash, soft tissue damage, or fractures that require medical treatment. SIRA (State Insurance Regulatory Authority) oversees claims and requires medical evidence to confirm the injury’s severity and link it to the accident.
Key considerations for child injuries include:
- Medical documentation: Detailed records from doctors, physiotherapists, or specialists are essential. These must show the injury’s nature, treatment, and how it impacts the child’s daily life.
- Accident details: Police reports, witness statements, and photos of the scene help establish the circumstances. For driveway accidents, note the vehicle’s speed, lighting conditions, and whether the child was in a safe area.
- SIRA’s role: SIRA evaluates claims based on the Motor Accident Guidelines. For children, the assessment may involve specialist paediatricians or child development experts.
Practical Steps for Preparing Medical Assessments
To support a CTP claim, families should:
- Secure immediate medical attention: Visit a registered medical practitioner within 24 hours of the injury. Delayed treatment may affect the claim’s validity.
- Keep all medical records: Save records of consultations, test results, and treatment plans. These prove the injury’s existence and link it to the accident.
- Document the accident: Note the date, time, location, and vehicle details. If a police report was filed, request a copy. Witnesses can provide statements about the incident.
- Follow up with specialists: If the injury involves long-term effects, such as mobility issues or cognitive delays, consult a paediatrician or occupational therapist. These assessments help determine ongoing care needs.
Time Limits and Dispute Options
CTP claims must be submitted within 52 weeks of the accident if the injury is a 'threshold injury.' If the child’s injuries exceed the threshold, the 52-week limit does not apply. However, delays in seeking medical treatment or submitting evidence may reduce the claim’s value. If the insurer disputes the injury’s severity, families can request a review by SIRA or seek independent medical opinions to challenge the decision.
When to Seek Legal Advice
Families should consult a solicitor if:
- The insurer refuses to cover the injury or disputes the claim.
- The child requires long-term care or rehabilitation.
- The accident involved multiple vehicles or unclear fault.
Legal professionals can help navigate SIRA’s requirements, ensure all evidence is submitted correctly, and challenge unfair decisions.
Example Scenario
A 7-year-old child is struck by a car while playing in a driveway. The child sustains a minor concussion and bruising. The family visits a doctor within 24 hours, who documents the injury. They also file a police report and gather witness statements. The insurer initially disputes the claim, arguing the injury is not severe enough. The family then seeks a second medical opinion from a paediatric neurologist, confirming the concussion’s impact. This evidence strengthens the claim and leads to a successful outcome.
Next Steps
Preparing for medical assessments requires careful documentation and understanding of SIRA’s guidelines. Families should act promptly to secure medical records, report the accident, and address any disputes. For tailored advice, complete the quick, no obligation enquiry form to request contact about your circumstances.