Children injured as pedestrians in driveways or low-speed vehicle paths are eligible for treatment and rehabilitation support under NSW's Compulsory Third Party (CTP) scheme. This article explains how the CTP scheme covers medical costs, what evidence is needed, and how SIRA assesses rehabilitation plans for young claimants on the Central Coast.
How the CTP Scheme Covers Treatment and Rehabilitation
Under the Motor Accident Injuries Act 2017, the CTP scheme provides financial support for medical treatment, rehabilitation, and income replacement after a motor vehicle accident. For children injured as pedestrians, this includes:
- Medical treatment benefits: Covers costs for doctors, specialists, scans, and therapy sessions.
- Rehabilitation planning: SIRA assesses the need for ongoing care, such as physiotherapy or occupational therapy, to help the child recover.
- Weekly income payments: If the child is unable to attend school or participate in activities, weekly payments may be available to support their family.
SIRA (State Insurance Regulatory Authority) oversees these claims, ensuring the injured child receives appropriate care. Parents should work closely with SIRA to document the child's treatment plan and rehabilitation needs.
Key Documentation for CTP Claims Involving Children
To support a CTP claim for a child injured in a driveway, parents must provide:
- Medical records: Detailed reports from doctors, specialists, and therapists confirming the injury, treatment, and prognosis.
- Accident details: A written account of the incident, including the time, location, and circumstances of the collision.
- Witness statements: Statements from anyone who saw the accident, including neighbors, family members, or passersby.
- Photographs: Images of the injury site, vehicle damage, and any visible signs of the accident (e.g., skid marks).
- Income records: Proof of the child’s pre-injury activities (e.g., school attendance) to support claims for income loss.
- Insurer correspondence: Copies of all communication with the at-fault driver’s insurance company.
These documents help SIRA determine the extent of the child’s injuries and the appropriate level of support.
SIRA’s Role in Rehabilitation Planning for Young Claimants
SIRA evaluates rehabilitation plans based on the child’s medical needs and long-term recovery. For example, if a child requires ongoing physiotherapy to regain mobility, SIRA will assess:
- The type and frequency of therapy needed.
- The expected recovery timeline.
- Whether the child will need long-term support or adjustments to their daily activities.
Parents should collaborate with medical professionals to create a clear rehabilitation plan and submit it to SIRA. This helps ensure the child receives the necessary care while maximizing the claim’s success.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident if the injury is classified as a 'threshold injury' (a soft tissue injury meeting specific medical criteria). If the child’s injuries exceed threshold level, the 52-week limit does not apply, but SIRA will assess the claim based on the injury’s severity.
If a claim is disputed, parents can request a review by SIRA or seek independent legal advice. It is crucial to act promptly, as delays can affect the availability of benefits.
When to Seek Legal Advice
While SIRA provides guidance, parents may need to consult a solicitor if:
- The claim is denied or disputed.
- The child’s injuries are complex or require long-term care.
- There are questions about the at-fault driver’s insurance coverage.
A lawyer can help navigate the process, ensure all documentation is complete, and advocate for the child’s best interests.
Example Scenario
A 7-year-old child is struck by a car while playing in a driveway. The child sustains a soft tissue injury requiring physiotherapy. The parents submit medical records, a witness statement, and photographs of the scene. SIRA approves treatment benefits and arranges a rehabilitation plan to help the child return to school activities.
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. To request contact about your circumstances, complete the quick, no obligation enquiry form.