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).
Children injured as pedestrians in driveways are eligible for compensation under NSW's Compulsory Third Party (CTP) scheme. SIRA, the NSW authority managing CTP claims, applies specific rules to driveway accidents, particularly when injuries occur on private property. This article explains how SIRA interprets the Motor Accident Injuries Act 2017 and Motor Accident Guidelines for driveway child injuries, outlines evidence needed to support claims, and highlights time limits and dispute resolution options.
How SIRA Applies CTP Rules to Driveway Injuries
SIRA evaluates driveway accidents by considering factors such as vehicle speed, the child's age, and the nature of the injury. Under the Motor Accident Injuries Act 2017, claims are based on the injury's severity, not fault. For example, a child struck by a low-speed vehicle in a driveway may qualify for treatment and care benefits if the injury meets the 'threshold injury' definition in the Motor Accident Guidelines. SIRA also assesses whether the injury involves spinal nerve-root damage or radiculopathy, as these qualify as soft-tissue injuries under the guidelines.
Evidence Required for Driveway Child Claims
To support a CTP claim for a driveway injury, claimants must provide:
- Medical records confirming the injury and its link to the accident
- Police or witness statements describing the incident
- Photos of the driveway, vehicle, and any visible damage
- Proof of the child's age and any pre-existing conditions
- Evidence of the vehicle's speed, such as speed limit signs or dashcam footage
SIRA may also request a medical assessment to determine if the injury meets the threshold injury criteria. For example, a child with a minor concussion and no lasting impairment might receive weekly income payments for 52 weeks, while more severe injuries could qualify for long-term benefits.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the injury if the injury is a 'threshold injury' only. If the injury involves whole-person impairment (WPI) of 10% or more, the 52-week limit does not apply. SIRA resolves disputes by referring claims to the NSW Civil and Administrative Tribunal (NCAT) if the parties disagree on the injury's severity or the amount of compensation. For instance, if a family disputes whether a child's injury meets the threshold injury definition, SIRA will arrange a medical expert review.
When to Seek Legal Advice
Parents and caregivers should consult a solicitor if:
- The injury involves long-term or permanent impairment
- The child's condition worsens after the initial 52-week period
- SIRA rejects the claim or disputes the evidence
- The accident occurred on a shared driveway or public road
Legal professionals can help navigate SIRA's assessment process and ensure all evidence is submitted correctly. For example, a family might need legal assistance to challenge SIRA's decision to limit benefits after a child sustains a WPI of 20%.
Practical Example: Driveway Injury Claim
Consider a 6-year-old child struck by a car while playing in a driveway. The vehicle was traveling at 30 km/h, and the child sustained a concussion and bruising. Medical records confirm the injury meets the threshold injury definition. SIRA would assess the claim under the Motor Accident Guidelines, awarding weekly income payments for 52 weeks and treatment benefits for physical therapy. If the child later develops a 15% WPI due to ongoing symptoms, the family could request a review of the claim.
Next Steps
CTP claims for driveway injuries depend on the accident date, injury type, and evidence submitted. To request contact about your circumstances, complete the quick, no obligation enquiry form. Every claim depends on its own facts, and SIRA's interpretation of the rules may vary based on the specific circumstances of the case.