Claim scenarios

When Your Child Is Injured in a Motor Vehicle Accident

The NSW CTP scheme has additional protections for children — here's what parents and guardians need to know.

Last updated · General information, not legal advice

Overview

If your child was injured as a passenger, pedestrian, or cyclist in a motor vehicle accident, the CTP scheme has provisions specifically designed with children in mind, including one important protection that doesn't apply to adults: children generally can't be shut out of treatment and care on the basis of fault. A parent or guardian usually manages the claim on the child's behalf, and any damages settlement for a child typically needs formal approval to make sure it genuinely protects the child's interests.

Key points

  • Children 16 and under can get treatment and care for as long as they need it, regardless of fault
  • A parent or guardian generally manages the claim on the child's behalf
  • Any damages settlement for a child typically needs formal approval
  • Time limits can be calculated differently for children — get advice on timing
  • This protection exists specifically because children shouldn't be excluded by a fault finding

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How we help

A free claim check can explain what this means for your specific situation and what evidence and documentation help protect your child's claim over time, since children's injuries and needs can change as they grow. Where there's a possible damages claim, a settlement that needs approval, or a dispute with the insurer, we'll connect you with an independent lawyer experienced in claims for injured children; if the claim is simply about getting your child the treatment and care they need, you may not need one. Getting your child assessed by a doctor experienced with treating children after a motor accident, with allied health such as physio or psychology where it's needed, matters as much as the legal side of the claim. See doctors and allied health for CTP claims for help finding providers.

What this means

Children who were 16 or under at the time of the accident can generally receive treatment and care for as long as they need it under the CTP scheme, regardless of fault — this is a specific protection built into the scheme. A parent or guardian generally manages the claim while the child is a minor, and any damages settlement usually needs formal approval to protect the child's interests, since children can't legally settle their own claim. Time limits still apply, but the way they're calculated can differ for a child claimant, so getting advice on timing early is worthwhile.

This is general information, not legal advice. Rules depend on your accident date and circumstances, and they change — check the current scheme rules with SIRA and get advice about your own situation.

Frequently asked questions

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CTP Lawyer is not a law firm and doesn't give legal advice. General information only — the independent lawyer you speak with can advise on your situation.

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