Children injured as pedestrians in driveways are eligible for compensation under NSW's Compulsory Third Party (CTP) scheme. SIRA (State Insurance Regulatory Authority) provides clear guidelines for claims involving children struck in low-speed vehicle areas like driveways. This article explains how SIRA determines liability, what claims are available, and practical steps to take after a driveway accident.
How SIRA determines liability for driveway child accidents
SIRA applies the same CTP rules to all motor vehicle accidents, including driveway incidents. Liability is determined by whether the driver was at fault, regardless of the location. For example, if a child is struck while running into a driveway and the driver was not paying attention, the driver’s insurer is liable. SIRA considers factors like the driver’s duty of care, the child’s actions, and whether the accident was unavoidable. Importantly, SIRA does not distinguish between roadways and driveways when assessing fault.
Claims available for children injured in driveways
Under the Motor Accident Injuries Act 2017, children injured in driveways may claim:
- Medical treatment benefits for injuries like soft tissue damage, fractures, or concussions.
- Weekly income payments if the child is unable to attend school or requires care.
- Lump sum damages for long-term impairments or psychological injuries, if applicable.
SIRA’s guidelines emphasize that children are entitled to the same compensation as adults, with no separate 'child injury' category. However, claims must be supported by medical evidence showing a threshold injury (as defined in the Motor Accident Guidelines) or a whole person impairment rating.
Practical steps and evidence for driveway claims
To support a claim, gather:
- Medical records documenting the injury and treatment.
- Witness statements from neighbors, family members, or bystanders.
- Photographs of the accident scene, including road markings, vehicle positions, and any hazards.
- Accident reports from the police or local council.
- Income records to support weekly payment claims.
SIRA requires claims to be submitted within 52 weeks of the accident, unless an extension is granted. Delays may reduce the amount of weekly payments available.
Time limits, disputes, and when to seek advice
Claims must be submitted to SIRA within 52 weeks of the accident. If the injury is not a 'threshold injury' (e.g., a minor bruise), weekly benefits may not be available. Disputes over liability or claim amounts should be resolved through SIRA’s dispute resolution process before seeking external legal advice. Families should consult a solicitor if the claim is denied, if the injury involves long-term impairment, or if the child requires lifetime care.
Example: A driveway accident claim
Consider a 7-year-old child struck by a car while running into a driveway. The driver was speeding and failed to stop at a stop sign. SIRA would assess liability based on the driver’s fault and the child’s actions. The child could claim medical treatment benefits for a fractured arm and weekly payments for time missed from school. If the injury results in a 10% whole person impairment, a lump sum damages claim may also be available.
Next steps
CTP claims depend on the accident date, injury type, and evidence collected. To discuss your circumstances, complete the quick, no obligation enquiry form. Every claim depends on its own facts.