Children injured as pedestrians in driveways may need medical assessments to determine eligibility for NSW CTP compensation. This article explains how to prepare for these assessments, how the CTP scheme evaluates claims, and what parents should know about SIRA's role in the process.
NSW CTP Medical Assessments for Child Pedestrians
Under the Motor Accident Injuries Act 2017, medical assessments are required to determine if a child's injury meets the threshold for CTP benefits. SIRA (State Insurance Regulatory Authority) oversees these assessments, which evaluate whether the injury is a 'threshold injury' or more severe. Parents should understand that the assessment focuses on the injury's impact on the child's health, not fault.
Practical Steps to Prepare for Assessments
- Gather medical records: Ensure all injury-related documents, including GP notes, specialist reports, and imaging (e.g., X-rays), are organized. These help SIRA understand the injury's severity.
- Prepare a timeline of events: Note when the injury occurred, any immediate treatment, and ongoing medical care. This helps establish the injury's connection to the driveway incident.
- Involve the treating doctor: Request a summary of the child's condition from the medical team, highlighting neurological signs or spinal nerve-root injuries (as per the Motor Accident Guidelines). For example, if the child has a soft tissue injury with radiculopathy, this may qualify as a threshold injury.
- Know the 52-week rule: If the child's only injuries are threshold injuries, weekly benefits and treatment payments generally stop after 52 weeks. Parents should be aware this may affect long-term support.
SIRA's Role in Evaluating Claims
SIRA assesses whether the injury meets the 'threshold injury' definition in the Motor Accident Guidelines. For children, this includes injuries like whiplash, soft tissue damage, or minor fractures that don't meet the whole person impairment threshold. SIRA may request additional tests or consult with specialists to confirm the injury's nature.
Essential Documentation for CTP Claims
- Accident details: Include the date, time, location (e.g., driveway), and vehicle information. Even low-speed collisions may qualify if the child was struck.
- Witness statements: Statements from neighbors, family, or other witnesses can support the incident's circumstances.
- Medical imaging reports: These are critical for proving the injury's nature, especially for spinal nerve-root injuries.
- Income records: If the child is a dependent, show how the injury affects the family's financial situation.
Time Limits and Dispute Options
Parents must notify SIRA of the injury within 52 weeks of the accident. If the child's injury is later found to exceed threshold limits, parents may request a review. However, disputes over medical assessments typically require legal advice, as SIRA's decisions are binding unless challenged through formal channels.
When to Seek Legal Advice
While SIRA handles most claims, parents should consult a solicitor if:
- The child's injury is unclear or requires further testing.
- There are disputes over the injury's classification.
- The family needs assistance navigating time limits or benefit restrictions.
Example Scenario
A 7-year-old child is struck by a car in a driveway. The initial assessment shows soft tissue injury with radiculopathy (confirmed by a specialist). SIRA classifies this as a threshold injury, entitling the child to weekly benefits and treatment. After 52 weeks, benefits stop, but the family may seek additional support if the injury worsens.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.