Understanding Driveway Child Injuries Under NSW CTP Law
A child struck by a vehicle in a private driveway or low-speed residential area in Greater Sydney may be eligible for compensation under the NSW Compulsory Third Party (CTP) insurance scheme. The Motor Accident Injuries Act 2017 (MAIA) governs all CTP claims in NSW, including those involving children who were pedestrians at the time of the accident. The legal framework does not distinguish between public roads and private driveways for eligibility purposes, provided the vehicle was being used in a way that falls within the scope of CTP coverage. The insurer of the vehicle involved is responsible for providing benefits, regardless of fault, if the injury occurred during a motor accident as defined by the MAIA.
What the PIC Expects in Disputes Involving Driveway Child Injuries
In disputes, the Personal Injury Claimant (PIC) typically expects the insurer to acknowledge liability and provide benefits without delay. The PIC may expect the insurer to accept that the child was a pedestrian, that the vehicle was in motion, and that the injury occurred as a direct result of the motor vehicle's movement. The PIC also expects that the insurer will not dispute the nature of the injury or the causal link between the accident and the medical condition, particularly if the child sustained a soft tissue injury, concussion, or psychological trauma.
Where a dispute arises, the PIC generally expects the insurer to provide a written explanation of any refusal or limitation of benefits. The PIC may also expect that the insurer will not withhold treatment and care benefits on the basis of a threshold injury unless the medical evidence clearly supports that the injury meets the statutory definition under the Motor Accident Guidelines. The PIC may further expect that any dispute over the extent of injury or impairment will be resolved through the formal review and dispute resolution pathways established under the MAIA.
Practical Steps and Evidence That Usually Matter
To support a claim involving a child injured in a driveway, the PIC should gather and preserve the following evidence:
- A detailed account of the accident from the child, parents, or witnesses, including time, weather, and vehicle speed.
- Photographs of the driveway, vehicle position, and any visible damage or marks.
- Medical records from the initial treatment, including diagnosis, imaging results, and treatment plans.
- A report from a medical practitioner confirming the injury, its onset, and its link to the accident.
- A record of any lost time from school, extracurricular activities, or family events.
- Correspondence with the insurer, including any written refusal or limitation of benefits.
The PIC should also ensure that the child receives ongoing medical treatment and that all treatment is documented. Failure to seek or maintain treatment may affect the assessment of the injury's impact and the claim for future care or damages.
Time Limits, Disputes and When to Seek Advice
A claim for compensation must generally be made within three years of the accident date, as set out in the Motor Accident Injuries Act 2017. However, for children under 18, the time limit begins when they turn 18, meaning a claim may be made up to 18 years after the accident. This is a critical point for PICs involving minors.
If an insurer refuses to pay benefits, limits payments, or disputes the injury’s nature or severity, the PIC may request an internal review within 28 days of receiving the decision. The insurer must respond within 28 days. If the PIC disagrees with the outcome, they may apply to the Personal Injury Commission (PIC) for a review. The PIC is the independent body that handles disputes under the MAIA and has authority to assess medical evidence, review treatment plans, and determine entitlements.
In disputes over impairment, the PIC may expect that a medical assessment will be conducted by a qualified medical practitioner under the Motor Accident Guidelines. The PIC may also expect that any dispute over a threshold injury will be resolved by examining whether the injury meets the statutory definition, including whether it includes neurological signs beyond radiculopathy. The PIC must not assume that a child’s concussion or psychological injury is automatically a threshold injury; the medical evidence must demonstrate that the injury meets the criteria set out in the Guidelines.
A challenge to a decision does not guarantee a change in outcome. The PIC should be aware that the Commission may uphold the insurer’s original decision if the evidence supports it. The PIC should also understand that the Commission’s review process may take several months, and that legal advice may be necessary to navigate complex medical or legal issues.
Hypothetical Example: A Child Injured in a Sydney Driveway
A 10-year-old child was struck by a car reversing slowly in a residential driveway in North Ryde. The vehicle was not moving at high speed, but the child sustained a concussion and required hospital assessment. The parents reported the incident to the insurer within 48 hours, provided medical records, and submitted a claim for treatment and care benefits. The insurer initially refused to pay for psychological counselling, citing that the injury was not a threshold injury. The parents requested an internal review, which was denied. They then applied to the Personal Injury Commission for a review. The Commission required a medical report from a specialist, which confirmed that the child had sustained a mild traumatic brain injury with ongoing cognitive symptoms. The Commission upheld the claim for treatment and care benefits, including psychological support.
Next Steps for the PIC
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