Understanding CTP Coverage for Driveway Incidents in NSW
A child injured in a driveway in Armidale may be eligible for compensation under the NSW Compulsory Third Party (CTP) insurance scheme, but only if the incident meets specific legal criteria. The Motor Accident Injuries Act 2017 governs all CTP claims in NSW, including those involving children struck in private driveways. SIRA, the State Insurance Regulatory Authority, provides guidance on how these claims are assessed, but the key factor is whether the motor vehicle was being used on a road or in a way that falls within the definition of a 'motor accident' under the Act. Simply being on private property does not automatically exclude a claim, but the use of the vehicle and the nature of the incident must be examined under the law.
What SIRA Says About Driveway Accidents Involving Children
SIRA confirms that a motor accident involving a child in a driveway may be covered by CTP insurance if the vehicle was being used in a manner that constitutes a 'road use' under the Motor Accident Injuries Act 2017. This includes situations where the vehicle was moving on a driveway that connects to a public road, or where the driveway is used as part of a regular travel route. The law does not distinguish between public roads and private driveways when the vehicle is being operated in a way that poses a risk to others. For example, if a child was walking across a driveway while a vehicle was reversing from a private residence, and the driver failed to check for pedestrians, the incident may qualify as a motor accident.
What Must Be Proven to Support a Claim
To establish a claim, the injured child’s parent or guardian must demonstrate that the accident occurred during the operation of a motor vehicle and that the injury resulted from that operation. SIRA’s guidelines state that the burden of proof lies with the claimant to show that the vehicle was being used in a way that created a risk to pedestrians. Evidence that supports this includes:
- A statement from the driver describing the movement of the vehicle and whether they saw the child
- Photographs or videos of the driveway, vehicle position, and any visible markings such as skid marks or impact points
- Witness statements from people who saw the incident
- Medical records showing the nature and timing of the injury
- A report from a medical practitioner confirming the injury was caused by a motor vehicle impact
The presence of a child in a driveway does not, by itself, trigger CTP coverage. The vehicle must have been in motion and the injury must have occurred as a direct result of that movement.
How CTP Insurers Assess Claims Involving Children
CTP insurers in NSW assess claims involving children based on the Motor Accident Injuries Act 2017 and the Motor Accident Injuries Regulation 2017. They consider whether the injury qualifies as a 'threshold injury' under the Act, which determines whether the claimant is eligible for damages. For children, the threshold is the same as for adults: a permanent impairment of at least 10% of the whole person, or a serious injury as defined in the Act.
If the injury is below the threshold, the claimant may still receive treatment and care benefits and weekly income payments, but only up to 52 weeks from the date of the accident. This 52-week limit applies only if the injury is the sole result of the accident and no other injuries are present. If a child’s only injuries are threshold injuries, benefits are generally not extended beyond 52 weeks unless a medical practitioner certifies that recovery is not expected within that timeframe.
Time Limits and Procedural Requirements
A claim must be made within three years of the accident date, as required by the Motor Accident Injuries Act 2017. This time limit applies to all CTP claims, including those involving children in driveways. Failure to file a claim within this period may result in the loss of entitlement to compensation. The claim must be submitted to the insurer of the vehicle involved, which is typically the CTP insurer listed on the vehicle’s green slip.
Insurers may request a formal claim form, medical evidence, and a statement of events. It is essential to preserve all records related to the accident, including medical reports, correspondence with the insurer, and any photos or videos. Delays in providing evidence may affect the insurer’s assessment and could result in a delay in payments.
When to Seek Independent Advice
While SIRA provides guidance on how claims are assessed, the outcome of a CTP claim depends on the specific facts and evidence. A child’s injury may involve complex medical issues, such as concussion or soft tissue injury, which require careful assessment under the Motor Accident Guidelines. These guidelines define what constitutes a 'soft tissue injury' and when a spinal nerve-root injury may qualify as a threshold injury, even if radiculopathy is not present.
If the insurer denies the claim, disputes the nature of the injury, or offers a settlement that does not reflect the full impact of the injury, it may be necessary to seek independent legal advice. The decision to proceed with a claim for damages, or to seek a review of a benefit decision, should be made after considering all available evidence and legal options.
Practical Example: A Child Injured in an Armidale Driveway
A 7-year-old child was struck by a reversing car in a driveway in Armidale on 15 March 2025. The vehicle was moving from a private residence towards a public road. The child was not on a public path but was crossing the driveway at the time of impact. The driver reported not seeing the child due to a blind spot. Medical records confirmed a minor concussion and soft tissue injury. The family reported the incident to the insurer within 10 days and provided photos of the driveway and a witness statement from a neighbour.
The insurer accepted the claim and provided treatment and care benefits. The child’s injury was assessed as a threshold injury under the Motor Accident Guidelines. The family received weekly income payments for 52 weeks and was eligible to apply for damages, but only if they could demonstrate that the injury met the threshold for a serious injury.
Next Steps for Families in Armidale
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.