Time Limits for CTP Claims Involving Child Pedestrian Injuries in Driveways
A child injured as a pedestrian in a driveway in NSW may be entitled to compensation under the Compulsory Third Party (CTP) insurance scheme. The time limit for making a claim is three years from the date of the accident, or from the date the injury was first diagnosed, whichever is later. This applies regardless of whether the vehicle was moving, stationary, or reversing. The law treats driveway incidents the same as those on public roads, provided the vehicle was being used in a way that constitutes a motor accident under the Motor Accident Injuries Act 2017.
Legal Basis for CTP Claims in Driveway Accidents
Under the Motor Accident Injuries Act 2017, a motor accident includes any incident involving a motor vehicle that results in injury to a person, even if the vehicle was not in motion at the time of impact. This includes a child being struck by a vehicle while walking through a driveway, whether the vehicle was reversing, moving forward, or parked. The location of the incident, such as a private driveway in Ballina, does not exclude the claim from the CTP scheme, as long as the vehicle was being used in a way that falls within the legal definition of a motor accident.
To qualify for benefits, the injury must be caused by the motor vehicle accident. Medical evidence confirming the nature of the injury and its connection to the incident is essential. The injury may be minor, such as a sprain or concussion, or more serious, such as a fracture or head trauma. The CTP scheme provides compensation regardless of fault, and a claim may be valid even if the vehicle was moving slowly or the injury was not immediately apparent.
Evidence Required to Support a CTP Claim
To meet the time limits and support a claim, the following evidence should be collected and preserved as soon as possible:
- A medical record from a doctor or specialist detailing the injury, diagnosis, treatment, and any ongoing effects.
- A police report, if one was filed at the time of the incident.
- Photographs of the driveway, vehicle position, and any visible damage or markings.
- Witness statements from family members, neighbours, or others who observed the event.
- A written account of the incident from the child or a parent, including the time, weather, and sequence of events.
- Records of treatment received, including ambulance reports, hospital visits, and physiotherapy.
Delaying action may affect the ability to prove the injury occurred as a result of the accident, particularly if symptoms developed gradually or were not initially recognised.
When the Three-Year Time Limit Applies
The three-year time limit for making a CTP claim begins on the date of the accident. If the injury was not immediately apparent, the time limit starts from the date the injury was first diagnosed. For example, if a child sustained a concussion in a driveway incident on 15 March 2024, but was not diagnosed until 20 June 2024, the claim must be made by 20 June 2027.
If the claimant was under 18 at the time of the accident, the time limit is extended until the age of 21, but only if a claim was not made before the 18th birthday. This extension applies only to claims made by minors and does not apply to claims made by adults.
Benefits Available Under the CTP Scheme
The CTP scheme provides several types of benefits, including treatment and care benefits, weekly income payments, and, in some cases, damages. Treatment and care benefits cover medical treatment, rehabilitation, and allied health services. Weekly income payments may be available if the injury prevents the claimant from working or performing daily activities.
Damages are only available if the injury results in a whole person impairment of 10% or more, and if the injury was caused by a motor accident. A claim for damages may be possible if the injury is a threshold injury, which includes soft tissue injuries such as a sprain or strain, or a spinal nerve-root injury that produces neurological signs other than radiculopathy. However, if the only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care benefits generally cease after 52 weeks, as provided under the Motor Accident Injuries Act 2017, sections 3.11 and 3.28.
Practical Steps and When to Seek Advice
If the child’s injury is ongoing or affects their ability to walk, concentrate, or participate in daily activities, it is advisable to seek advice early. The Motor Accident Injuries Act 2017 provides for treatment and care benefits, weekly income payments, and, in some cases, damages. However, eligibility for damages depends on whether the injury meets the threshold for a permanent impairment, and whether the injury was caused by a motor accident.
A hypothetical example: A 7-year-old child was struck by a reversing car in a driveway in Ballina on 3 April 2024. The child sustained a minor concussion and required two weeks of rest. The injury was not diagnosed until 10 April 2024. The claim must be made by 10 April 2027 to remain valid. If the child develops ongoing symptoms such as headaches or difficulty concentrating, a claim for damages may be possible if the injury results in a whole person impairment of 10% or more.
Next Steps
Every claim depends on its own facts. The available benefits, time limits, and eligibility for damages depend on the nature of the injury, the date of the accident, and the evidence collected. Time limits and procedural requirements may apply. To request contact about your circumstances, complete the quick, no obligation enquiry form.