Time limits for CTP claims involving children injured in driveways
A child injured in a driveway in Greater Sydney may be entitled to compensation under the NSW Compulsory Third Party (CTP) insurance scheme. The time limit to make a claim is generally three years from the date of the motor accident. This applies whether the child was a pedestrian, passenger, or driver at the time of the incident. The three-year period is set out in the Civil Liability Act 2002 (NSW), and it applies equally to injuries sustained in private driveways, car parks, and residential streets.
Driveway incidents are governed by the same CTP rules as other motor accidents in NSW. The injury must have occurred as a result of a motor vehicle accident involving a vehicle registered in NSW or a vehicle that was operating in NSW at the time of the incident. The location of the accident, such as a private driveway, does not automatically exclude coverage, but it may affect whether the incident qualifies as a motor accident under the Motor Accident Injuries Act 2017 (MAIA).
What constitutes a motor accident under NSW law
For a driveway incident to be covered under CTP, it must meet the legal definition of a motor accident. Under the MAIA, a motor accident occurs when a motor vehicle is involved in a collision, overturns, or causes injury to a person, including a pedestrian, while being used on a road or in a place open to the public. However, the law also extends to private property if the vehicle was being used in a way that is reasonably foreseeable as potentially involving public risk.
A child struck by a vehicle while walking in a driveway may still qualify as a motor accident if the vehicle was being driven in a manner that created a risk to pedestrians, even on private property. The key factor is not the location but whether the vehicle’s use was part of a driving activity that caused injury. SIRA confirms that CTP claims may proceed where a child is injured by a vehicle on private property, provided the injury resulted from a motor vehicle accident as defined by law.
Evidence and practical steps to preserve a claim
To support a CTP claim for a child injured in a driveway, it is essential to preserve evidence as soon as possible. This includes:
- Photographs of the driveway, vehicle position, and any visible damage or markings
- A written account of the incident, including the time, weather, and how the child was moving
- Witness statements, particularly from family members or neighbours who observed the event
- Medical records documenting the injury, treatment, and any ongoing impact
- A copy of the police report, if one was filed
The child’s medical treatment should be documented in detail, including any diagnosis, imaging results, and follow-up care. These records are critical to establishing the nature and extent of the injury, which determines eligibility for benefits and potential damages.
Time limits and claim deadlines
The three-year time limit to make a CTP claim begins on the date the injury occurred. This is not the date of diagnosis or treatment, but the date the accident happened. For example, if a child was struck by a vehicle in a driveway on 15 June 2024, the claim must be made by 15 June 2027. The deadline is strict and not subject to extension unless a court grants leave under the Civil Liability Act 2002.
If the child is under 18 at the time of the accident, the time limit does not begin to run until they turn 18. This means a claim may be made up to three years after the child’s 18th birthday. For example, a child injured on 10 April 2025 would have until 10 April 2028 to make a claim, assuming they were under 18 at the time.
It is not necessary to wait for a final medical diagnosis before making a claim. A claim can be initiated at any stage after the accident, provided it is within the time limit. However, delays may affect the availability of evidence and the ability to assess the full impact of the injury.
When to seek legal advice
A claim involving a child injured in a driveway may raise complex questions about the nature of the accident, the child’s capacity to understand risk, and whether the driver was negligent. These issues may affect whether the claim proceeds under the CTP scheme or requires a common law damages claim.
For example, if the child sustained a soft tissue injury but later developed a spinal nerve-root injury with neurological signs, this may qualify as a threshold injury under the Motor Accident Injuries Act 2017. In such cases, damages may be limited unless the injury exceeds the threshold. The Motor Accident Guidelines clarify that a spinal nerve-root injury with signs such as muscle weakness or altered reflexes may still fall within the threshold injury definition, even if radiculopathy is not present.
A claim may also be affected if the child was not wearing appropriate clothing, was not in a safe location, or if the vehicle was being driven in a way that increased risk. These factors may be considered in assessing contributory fault, which can reduce the amount of compensation awarded.
Hypothetical example
A 7-year-old child was walking across a private driveway in North Ryde on 5 August 2024 when a vehicle reversed out of a garage and struck them. The child was taken to hospital and diagnosed with a minor concussion and soft tissue injury. The parents made a claim under CTP within 12 months, but the insurer denied it on the grounds that the driveway was private and not a road. The claim was later accepted after a review confirmed the incident met the legal definition of a motor accident because the vehicle was being driven in a way that posed a risk to pedestrians, and the injury occurred during a driving activity.
Next steps
Every claim depends on its own facts. The time limit, eligibility for benefits, and potential for damages depend on the accident date, injury type, treatment received, and whether the child was under 18 at the time. These factors determine whether a claim can proceed and what support may be available.
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