Time Limits for CTP Claims Involving Driveway Child Pedestrians 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).
Children injured in driveways or low-speed vehicle paths in New South Wales must act quickly to preserve their right to claim compensation under the Compulsory Third Party (CTP) scheme. Under NSW law, the time limit for submitting a CTP claim is five years from the date of the accident. However, this period may be affected by specific rules governing statutory benefits and the need to provide evidence of injury.
Key Time Limits and Statutory Rules
The Motor Accident Injuries Act 2017 sets out the legal framework for CTP claims. While the general five-year time limit applies, families must also consider the 52-week statutory benefit period for injuries classified as 'threshold injuries' under the Motor Accident Guidelines. If a child’s injuries fall within this category, weekly income benefits and treatment payments are generally limited to 52 weeks unless further medical evidence demonstrates ongoing impairment.
For example, if a child sustains a soft-tissue injury (such as a bruise or minor sprain) and the injury does not meet the threshold for long-term benefits, the insurer may stop payments after 52 weeks. Families must submit medical evidence confirming the injury’s severity and ongoing impact to challenge this decision.
Practical Steps for Families
To preserve a CTP claim, families should:
- Seek immediate medical attention to document injuries and establish a medical record.
- Preserve evidence such as accident reports, witness statements, and photographs of the driveway scene.
- Notify the at-fault driver’s insurer within five years of the accident, as failure to do so may result in the claim being dismissed.
- Submit a claim form through the State Insurance Regulatory Authority (SIRA) within the five-year period.
How SIRA Handles Driveway Child Claims
SIRA manages CTP claims under the Motor Accident Claims Scheme. For driveway incidents, the focus is on whether the injury meets the 'threshold injury' criteria. If a child’s injury is classified as a threshold injury, the insurer must provide weekly income benefits and treatment payments for up to 52 weeks. Families must provide medical evidence to support the injury’s severity and ongoing impact.
If the injury does not meet the threshold, families may still pursue a claim for non-economic losses (such as pain and suffering) under the common law, but this requires a separate legal process and evidence of long-term effects.
When to Seek Legal Advice
Families should consult a solicitor if:
- The injury is unclear or may fall within the threshold.
- The insurer refuses to provide benefits after 52 weeks.
- The child’s injury requires ongoing medical treatment.
- The accident occurred more than five years ago, as the five-year time limit may have expired.
Final Considerations
Time limits for CTP claims involving children in driveways depend on the injury type, evidence provided, and the date of the accident. Families must act promptly to preserve their rights under the CTP scheme. For tailored advice, complete the quick, no obligation enquiry form to request contact about your circumstances.