How Seatbelt Non-Use Affects CTP Claims in NSW After 2017 Reforms
Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
Passengers not wearing seatbelts in NSW motor accidents face altered compensation rules since the 2017 CTP reforms. The Motor Accident Injuries Act 2017 (MAIA) now limits claims where injuries may have been worsened by seatbelt non-use. This article explains the legal changes, how SIRA assesses claims, and steps passengers should take.
Key Changes to CTP Claims After 2017
The 2017 reforms shifted focus to contributory fault for passengers not wearing seatbelts. Under the MAIA, insurers may reduce or deny compensation if the injury could have been prevented by proper seatbelt use. This applies even if the driver was at fault. For example, a passenger injured in a collision who was not wearing a seatbelt may see their claim limited, as the injury might be deemed partly their responsibility.
SIRA’s guidelines now require claims assessors to consider whether seatbelt non-use contributed to the injury. This means injuries must be causally linked to the accident, not just the accident itself. If the injury would have been less severe with a seatbelt, the claim may be adjusted.
What SIRA Considers in Seatbelt Non-Use Claims
SIRA evaluates claims based on medical evidence and the Motor Accident Guidelines. Key factors include:
- Whether the seatbelt was functional and available
- Medical records showing how the injury would have been affected by seatbelt use
- The role of seatbelt non-use in worsening the injury
For instance, a passenger with a soft-tissue injury (like a bruise) may not qualify for long-term benefits if the injury is deemed minor and not worsened by seatbelt non-use. However, severe injuries like spinal damage or head trauma may still qualify if the seatbelt’s absence significantly impacted the outcome.
Practical Steps for Passengers After a 2017 Accident
- Seek immediate medical attention to document injuries, as delays may affect claim eligibility.
- Preserve evidence: Keep medical records, accident reports, and photos of the vehicle’s seatbelt condition.
- Notify your insurer within 52 weeks of the accident, as benefits for threshold injuries (like soft-tissue damage) typically end after this period.
- Review SIRA’s claim forms to ensure all details about seatbelt use are included.
Disputes and When to Seek Advice
If your claim is disputed, you may request a review by SIRA or apply to the NSW Civil and Administrative Tribunal (NCAT). However, the 52-week deadline for benefits applies regardless of disputes. Legal advice is recommended if:
- The injury involves long-term impairment (e.g., chronic pain)
- The accident occurred before 1 December 2017 (under the old MACA scheme)
- The claimant believes seatbelt non-use was not a factor
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. To discuss your circumstances, complete the quick, no obligation enquiry form.