Children injured in driveway accidents are eligible for treatment and rehabilitation support under NSW's Compulsory Third Party (CTP) scheme. This guide explains how the Motor Accident Injuries Act 2017 and SIRA guidelines fund medical care, outline time limits, and address rehabilitation planning for driveway pedestrian claims. Key legal distinctions and practical steps are detailed below.
How NSW CTP Funds Treatment for Driveway Injuries
Under the Motor Accident Injuries Act 2017, CTP claims cover treatment and rehabilitation costs for injuries caused by motor vehicles. For children injured in driveways, this includes:
- Weekly income benefits for lost wages due to injury
- Treatment and care benefits to cover medical expenses
- Rehabilitation planning to restore function and independence
SIRA guidelines specify that treatment must be medically necessary and directly related to the accident. For example, a child with a soft tissue injury (threshold injury) may receive weekly payments for 52 weeks, as per s 3.28 of the Act.
Key Considerations for Driveway Child Claims
- Spinal nerve-root injuries must meet specific clinical criteria under the Motor Accident Guidelines. A child with neurological signs (even without radiculopathy) may still qualify for benefits.
- Threshold injuries (soft tissue injuries) are limited to 52 weeks of weekly benefits unless the injury results in long-term impairment.
- Rehabilitation planning must be documented by a medical practitioner and approved by SIRA. This includes physiotherapy, occupational therapy, and medical equipment.
Practical Steps for Families
- Document medical records showing the injury's impact on the child's daily activities.
- Preserve accident details like vehicle location, speed, and witness statements.
- Notify your insurer within 52 weeks of the accident to claim treatment benefits.
- Request a rehabilitation plan from the treating doctor, outlining goals like mobility or school attendance.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident for weekly benefits. If the injury results in a whole person impairment (WPI) of 10% or more, benefits may continue beyond this period. Disputes over treatment funding should be resolved through SIRA's review process, not the courts.
When to Seek Legal Advice
Families should consult a solicitor if:
- The child's injury exceeds threshold injury criteria.
- The insurer denies treatment benefits without explanation.
- Rehabilitation planning is delayed or refused.
Example Scenario
A 7-year-old child struck by a car in a driveway sustains a soft tissue injury. The treating doctor documents the injury as meeting the threshold injury definition. The family submits a claim for weekly benefits and rehabilitation therapy, which SIRA approves under the CTP scheme.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.