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 or a family member were injured in a motor vehicle accident in NSW and were not wearing a seatbelt, your ability to claim compensation may be affected. Seatbelt non-use is a key factor in determining eligibility for Compulsory Third Party (CTP) benefits, and caregivers play a critical role in supporting passengers through the claims process. This article explains how seatbelt non-use impacts CTP claims, outlines caregiver responsibilities, and provides guidance for Newcastle and Hunter residents navigating these issues.
How Seatbelt Non-Use Affects CTP Claims
Under the Motor Accident Injuries Act 2017, passengers must wear a seatbelt to be eligible for certain CTP benefits. If a passenger was not wearing a seatbelt at the time of the accident, their claim may be reduced or denied, depending on the circumstances. For example, if the injury would have been prevented by a seatbelt, the claimant may be deemed to have contributed to their own harm. This is known as 'contributory fault' and can reduce the amount of compensation available.
The NSW Motor Accident Guidelines also state that seatbelt non-use may affect the assessment of 'threshold injuries', the minimum level of injury required to qualify for benefits. If a passenger’s injuries fall within the threshold definition but were caused by not wearing a seatbelt, the claim may be limited to statutory benefits rather than common law damages. This distinction is crucial for caregivers managing long-term care needs.
Caregiver Support and Family Considerations
Caregivers of injured passengers must understand their legal responsibilities and how they impact the claim. Key considerations include:
- Medical evidence: Caregivers should ensure all medical records document the injury’s connection to the accident, including seatbelt non-use.
- Caregiver responsibilities: If the passenger requires ongoing care, evidence of this (such as medical reports or care plans) must be submitted to the insurer.
- Financial support: Caregivers may need to apply for weekly income payments or treatment benefits if the passenger’s injuries prevent them from working.
In Newcastle and Hunter, caregivers should contact the NSW Motor Accident Claims Unit (SIRA) to confirm regional-specific procedures. While there are no unique rules for these areas, local SIRA offices may provide tailored guidance on managing claims with family support needs.
Practical Steps for Passengers and Caregivers
- Seek immediate medical attention to document injuries and their connection to the accident.
- Preserve evidence such as accident reports, witness statements, and photographs of the vehicle’s condition.
- Notify the at-fault driver’s insurer as soon as possible to initiate the claim process.
- Consult a legal professional if the insurer disputes the claim or if the injury involves long-term care needs.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident for statutory benefits to apply. If the injury is a 'threshold injury' and the passenger’s only injuries, benefits may be limited after this period. For disputes over claim eligibility or compensation amounts, passengers and caregivers can request a review by the NSW Motor Accident Claims Unit or seek independent legal advice.
When to Seek Legal Advice
If your claim involves complex issues such as seatbelt non-use, long-term care needs, or disputes over benefits, it is essential to consult a solicitor. Legal professionals can help navigate the distinction between statutory benefits and common law damages, ensuring caregivers receive the support they need.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.