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).
A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
If you were a passenger in a motor vehicle accident and did not wear a seatbelt, your claim for compensation under NSW’s Compulsory Third Party (CTP) scheme may have changed significantly since 2017. The 2017 reforms to the Motor Accident Injuries Act 2017 and updated SIRA guidelines now place greater emphasis on whether seatbelt non-use contributed to your injuries. This article explains how these changes affect passenger claims in the Newcastle and Hunter regions, what evidence matters, and when to seek legal advice.
How the 2017 Reforms Changed Seatbelt Non-Use Claims
Before 2017, NSW CTP claims for passengers not wearing seatbelts typically focused on whether the injury met the ‘threshold injury’ definition under the Motor Accident Guidelines. The 2017 reforms shifted this approach, requiring claimants to demonstrate that their injuries would have been less severe if they had worn a seatbelt. This change aligns with SIRA’s updated guidelines, which now explicitly consider seatbelt use as a factor in assessing injury severity.
Under the revised scheme, passengers must prove that their injuries are ‘more than a minor injury’ and that the seatbelt non-use directly contributed to the harm. This is a higher threshold than before, meaning some claims previously accepted under the old rules may now be denied. For example, a passenger who suffered a soft-tissue injury (like a bruise) without evidence of seatbelt non-use contributing to the injury may no longer qualify for statutory benefits.
What SIRA Looks For in Seatbelt Non-Use Claims
SIRA’s guidelines now require claimants to provide:
- Medical evidence showing a direct link between seatbelt non-use and the injury.
- Accident reports detailing seatbelt use or non-use.
- Witness statements confirming seatbelt use or non-use.
- Medical opinions from practitioners assessing how seatbelt use would have altered the injury outcome.
SIRA also clarified that injuries must meet the ‘whole person impairment’ threshold to qualify for compensation. This means the injury must significantly impact the claimant’s daily life, work capacity, or mobility. For instance, a passenger who suffered a minor whiplash injury but no long-term impairment may no longer be eligible for benefits under the new rules.
Practical Steps for Claimants in Newcastle and Hunter
If you were injured as a passenger and did not wear a seatbelt, take these steps:
- Seek immediate medical attention to document your injuries. Ensure the medical team notes any seatbelt-related factors.
- Preserve accident details like vehicle registration numbers, witness contact information, and photographs of the scene.
- Notify your insurer about the accident and seatbelt non-use. Some insurers may dispute claims under the new rules.
- Gather evidence of seatbelt non-use, such as dashcam footage, vehicle inspection reports, or statements from other passengers.
Time Limits and Dispute Options
CTP claims must be made within 52 weeks of the accident under the current scheme. If your claim is denied, you may request a review by SIRA or seek legal advice to challenge the decision. However, the 2017 reforms have made it harder to dispute decisions related to seatbelt non-use, as the burden of proof now lies with the claimant.
A Hypothetical Example
Consider a passenger involved in a low-speed collision who did not wear a seatbelt. Under the old rules, they might have received treatment benefits for a soft-tissue injury. Under the new rules, the claimant would need to prove that the seatbelt non-use caused or worsened the injury. If the medical evidence shows no significant impairment, the claim may be denied.
When to Seek Legal Advice
The 2017 reforms have made it more complex to prove seatbelt-related claims. If your claim was denied, or if you’re unsure how the reforms apply to your case, consult a solicitor. Legal professionals can help you navigate the new evidentiary requirements and challenge decisions made by SIRA.
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.