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 accident in Armidale, NSW, parents and caregivers must navigate the Compulsory Third Party (CTP) claims process carefully. Common mistakes can reduce compensation or delay recovery. This guide explains the key errors to avoid, based on NSW law and SIRA guidelines.
Top 3 mistakes to avoid
- Delaying medical attention - Failing to seek immediate medical care can weaken claims. Injuries like soft-tissue damage or spinal nerve-root issues require prompt assessment under the Motor Accident Guidelines. Delayed treatment may lead insurers to dispute the injury's connection to the accident.
- Not documenting the accident - Without evidence like photos, witness statements, or a police report, claims may be dismissed. SIRA advises recording details of the incident, including vehicle descriptions, road conditions, and the child's condition at the scene.
- Contacting insurers too late - NSW CTP claims must be reported within 52 weeks of the accident (s 4.4 of the Motor Accident Injuries Act 2017). Delays beyond this period can result in lost benefits for threshold injuries, even if further treatment is needed.
How SIRA guidelines apply to driveway claims
SIRA's Motor Accident Claims page explains that injuries must meet the 'threshold injury' definition under the Motor Accident Guidelines. For children, this includes soft-tissue injuries like whiplash or bruising, as well as spinal nerve-root damage with neurological signs. Parents should ensure medical records clearly link the injury to the driveway incident, not pre-existing conditions.
Critical evidence for driveway claims
To prove a child's driveway accident claim, gather:
- Medical records showing injury diagnosis and treatment
- Witness statements from bystanders or other drivers
- Photos of the accident scene, vehicle damage, and road conditions
- Police reports or incident reports
- Proof of income loss if the child requires time off school or care
How Armidale insurers handle these cases
Armidale-based insurers typically follow SIRA's 52-week statutory benefit rules. If a child's only injuries are threshold injuries, weekly benefits and treatment payments stop after 52 weeks. However, long-term care needs or permanent impairments may qualify for extended support. Parents should review their child's medical prognosis with a specialist to determine if further claims are possible.
When to seek legal advice
If an insurer denies a claim or disputes the injury's severity, parents should consult a solicitor experienced in NSW CTP claims. Legal professionals can challenge decisions based on SIRA guidelines and ensure all evidence is properly submitted.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.