Seatbelt Non-Use in CTP Claims: What Changed After the 2017 Reforms in NSW
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 in New South Wales and did not wear your seatbelt, your claim for compensation under the Compulsory Third Party (CTP) scheme may be affected by changes introduced in the 2017 reforms. These reforms have significantly altered how claims are assessed, particularly in relation to seatbelt use. This article explains what changed, how it affects your claim, and what you need to know if you're seeking compensation in Greater Sydney.
The NSW CTP Rules That Apply to Seatbelt Non-Use
Under the Motor Accident Injuries Act 2017 (MAIA), the CTP scheme in NSW provides compensation to injured parties, but the reforms have introduced new rules regarding the use of seatbelts. Before the 2017 reforms, seatbelt use was not a direct factor in determining the amount of compensation. However, the reforms now consider seatbelt use as a relevant factor in assessing the claimant’s contribution to their own injury.
The reforms introduced the concept of 'contributory fault' under the MAIA, which means that if a claimant did not wear their seatbelt, this may be considered as a factor in determining the amount of compensation they are entitled to. This is a significant change, as it introduces the idea that the claimant’s actions may affect the outcome of their claim.
Practical Steps and Evidence That Usually Matter
If you were not wearing your seatbelt during a motor vehicle accident, you may need to provide evidence to support your claim. This includes:
- Medical records showing the extent of your injuries
- Police reports or accident reports that detail the incident
- Witness statements or statements from other passengers
- Photographs of the accident scene or vehicle damage
- Information about your seatbelt use, such as whether it was damaged or not functioning
The claimant’s failure to wear a seatbelt may be considered as a factor in determining the amount of compensation they are entitled to.
Time Limits, Disputes and When to Seek Advice
Under the MAIA, there are strict time limits for making a CTP claim. Generally, you have a maximum of 52 weeks from the date of the accident to make a claim for injuries that fall within the 'threshold injury' category. If your injuries are more severe, you may have a longer time to make a claim, but this depends on the specific circumstances of your case.
If your claim is disputed, you may need to seek legal advice to understand your options. The reforms have introduced new procedures for resolving disputes, and it is important to understand your rights under the MAIA. You may also need to consider whether your claim is affected by the new rules on contributory fault.
When to Seek Legal Advice
If you are unsure whether your claim is affected by the 2017 reforms, or if you believe that your failure to wear a seatbelt has impacted your claim, it is important to seek legal advice. A qualified solicitor can help you understand your options and ensure that your claim is assessed fairly under the new rules.
Conclusion
The 2017 reforms have significantly changed the way CTP claims are assessed in New South Wales, particularly in relation to seatbelt use. If you were not wearing your seatbelt during a motor vehicle accident, your claim may be affected by the new rules on contributory fault. It is important to understand your rights under the MAIA and to seek legal advice if you are unsure about the outcome of your claim. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.