How SIRA Handles Driveway Child Pedestrian Claims in NSW
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).
- If your child was injured as a pedestrian in a driveway or low-speed vehicle path in Ashfield NSW, the
- Compulsory Third Party (CTP)* scheme under the
- Motor Accident Injuries Act 2017* determines your entitlements. SIRA (State Insurance Regulatory Authority) administers these claims, but the rules depend on the accident’s specifics. This article explains how SIRA applies its rules to driveway child injuries, focusing on liability, evidence, and time limits.
Key Legal Framework for Driveway Child Claims
Under NSW law, CTP claims are no-fault, meaning the at-fault driver’s insurer pays regardless of who was responsible. However, SIRA’s approach to driveway child injuries hinges on two factors: whether the child was a pedestrian and whether the injury meets the 'threshold injury' definition.
- SIRA’s
- Motor Accident Guidelines* define a threshold injury as one that requires medical treatment and results in a
- whole person impairment* of 10% or more. For example, a child with a broken arm or concussion may qualify, but minor injuries like a bruise typically do not. If your child’s injury falls within this category, SIRA will cover treatment costs, weekly income support, and other benefits.
Practical Steps and Evidence for Driveway Child Claims
To support a CTP claim after a driveway accident, you must gather:
- Medical records showing the injury’s severity and treatment.
- Accident details like the vehicle’s speed, time, and location.
- Witness statements from neighbors or bystanders.
- Photographs of the scene, vehicle damage, and any hazards.
- Income records if your child’s injury affects their ability to work.
SIRA requires these documents to assess whether the injury meets the threshold and whether the accident occurred in a public or private driveway. Note that SIRA does not cover injuries from private property unless the vehicle was on a public road.
Time Limits and Dispute Resolution
You have 52 weeks from the accident date to claim benefits for threshold injuries. After this period, SIRA typically stops weekly payments unless the injury results in a long-term impairment. If your child’s injury does not meet the threshold, you may still pursue a common law damages claim through the NSW Civil and Administrative Tribunal (NCAT), but this requires legal advice.
Disputes over liability or benefits are resolved by SIRA, not the courts. If your claim is denied, you can request a review in writing or seek independent legal advice.
Example: How SIRA Applies Rules to a Driveway Accident
Imagine a 7-year-old child injured in a driveway after a car reversed slowly. SIRA would assess whether the injury meets the threshold by reviewing medical reports. If the child has a fractured wrist requiring treatment, SIRA would cover medical costs. However, if the injury is minor, the claim may be denied, and you may need to explore other options.
When to Seek Legal Advice
CTP rules are complex, especially for children. SIRA’s guidelines are technical, and driveway accidents may involve unique factors like private property use or low-speed collisions. A solicitor can help you:
- Navigate SIRA’s application process.
- Challenge a denied claim.
- Pursue additional compensation if your child’s injury meets the threshold.
Next Steps
CTP entitlements depend on the accident date, injury type, and evidence collected. To request contact about your circumstances, complete the quick, no obligation enquiry form.