Common Mistakes in NSW CTP Claims for Driveway Child Pedestrian Injuries
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).
A child struck by a vehicle in a private driveway or residential access path in Greater Sydney may be eligible for compensation under the NSW Compulsory Third Party (CTP) insurance scheme. However, several common mistakes can delay or reduce entitlements. These include failing to report the incident promptly, not seeking medical treatment immediately, not preserving evidence such as photos of the scene or witness details, and assuming that fault does not matter. The CTP scheme in NSW operates under the Motor Accident Injuries Act 2017, which applies to all motor vehicle accidents, including those on private property where a vehicle is being used in a way that constitutes a motor accident under the law.
Legal Framework for Driveway Incidents in NSW
A motor accident involving a child pedestrian in a driveway in Greater Sydney may still be covered by CTP insurance if the vehicle was being used in a way that constitutes a motor accident under the Motor Accident Injuries Act 2017. This includes vehicles moving on private property, such as driveways, access roads, or internal pathways of residential estates, if the movement was not purely for maintenance or storage. The law does not exclude accidents on private property simply because the location is not a public road. The key factor is whether the vehicle was being operated in a manner that constitutes a motor accident under the Act.
What Must Be Established for a CTP Claim
To make a valid CTP claim for a driveway child injury, the claimant must establish that a motor accident occurred, that the child was a pedestrian at the time, and that the child suffered injury as a result. The claim must be made within the applicable time limits. The CTP insurer will assess whether the injury qualifies for statutory benefits, including treatment and care benefits, weekly income payments, and, if applicable, damages. The child’s injury must be assessed for impairment under the Motor Accident Injuries Regulation 2017 and the Motor Accident Guidelines to determine eligibility for damages.
Evidence That Usually Matters
Key evidence for a driveway child injury claim includes:
- Medical records from the time of the accident, including diagnosis and treatment notes
- Photographs of the driveway, vehicle position, and any visible damage or markings
- Witness statements, including contact details and a written account of what occurred
- A police report, if one was filed
- Details of any prior medical conditions, particularly if they may affect the assessment of the injury
- Records of lost income for a parent or guardian who had to take time off work to care for the child
Failure to collect and preserve this evidence promptly can weaken a claim. For example, a delayed medical visit may be interpreted as a lack of injury severity, and missing witness details may prevent verification of the incident.
Time Limits and Procedural Requirements
A claim for a motor accident injury in NSW must generally be made within 3 years of the accident date. However, for claims involving a child, the time limit begins from the date of the child’s 18th birthday, which extends the window to 3 years from that date. This is critical for driveway incidents involving minors, as parents or guardians may not realise that the claim period starts later.
If the child’s injury is assessed as a threshold injury under the Motor Accident Injuries Act 2017, statutory benefits such as treatment and care, and weekly income payments, are limited to 52 weeks from the date of injury, unless the injury is not a threshold injury or the claim proceeds to damages. For claims seeking damages, the child must meet the threshold for a permanent impairment of at least 10% whole person impairment, as assessed by an approved medical practitioner.
Common Mistakes to Avoid
The most frequent errors in driveway child injury claims include:
- Assuming that CTP insurance covers all injuries regardless of fault, while CTP does not require proof of fault for statutory benefits, a claim for damages may still require proof of fault or negligence
- Delaying medical treatment, a delay may affect the assessment of injury severity and the causal link between the accident and the injury
- Failing to notify the CTP insurer within a reasonable time, while not a strict deadline, prompt notification helps preserve evidence and ensures timely processing
- Not recording the details of the accident immediately, details such as weather, lighting, vehicle speed, and the child’s position can be forgotten over time
- Accepting a settlement offer without independent legal advice, insurers may offer a sum that does not reflect the full value of future care needs, especially for children
When to Seek Independent Advice
A claim involving a child, particularly in a non-public location like a driveway, may involve complex questions about the legal definition of a motor accident, the impact of the injury on long-term development, and the value of future care needs. The Motor Accident Guidelines provide that a child’s injury must be assessed in the context of their age, developmental stage, and future capacity. Given the long-term implications of childhood injuries, it is advisable to seek independent legal advice before accepting any offer or making a formal claim.
Hypothetical Example
A 7-year-old child was struck by a car reversing out of a driveway in North Ryde, Greater Sydney, on 15 March 2025. The child sustained a minor concussion and a soft-tissue injury to the neck. The parent delayed seeking medical treatment for 10 days, and no witness reported the incident at the time. The CTP insurer later refused to pay treatment and care benefits on the grounds that the injury was not severe enough and that the delay in medical treatment undermined the claim. The child’s medical records were incomplete, and no photos of the driveway were available. This example illustrates how common mistakes, delayed treatment, lack of evidence, and failure to report, can significantly impact a claim.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.