How Seatbelt Non-Use Affects CTP Claims 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).
If a passenger was not wearing a seatbelt during a motor vehicle accident in New South Wales, this could impact their eligibility for Compulsory Third Party (CTP) compensation. Under the Motor Accident Injuries Act 2017, the court must determine whether the injury was caused by the accident. If the passenger’s failure to wear a seatbelt contributed to their injuries, this may affect the assessment of the injury’s severity. For example, a soft tissue injury (threshold injury) might be deemed less serious if the seatbelt could have mitigated harm, potentially reducing the claimant’s entitlement to benefits.
Caregiver Responsibilities in CTP Claims
When a family member is involved in a CTP claim, caregivers have a legal duty to ensure accurate documentation of the injured person’s condition. This includes:
- Providing medical records that clearly link the injury to the accident
- Ensuring all treatment records are complete and up-to-date
- Coordinating with SIRA to submit evidence of the injury’s impact on daily life
Caregivers must also be aware that SIRA assesses claims based on objective medical evidence. Subjective claims about pain or disability may be discounted if not supported by clinical records.
Practical Steps for Families in Western Sydney
Families should take the following actions to support a CTP claim:
- Obtain immediate medical attention and ensure all treatment is documented
- Collect evidence of the accident, including police reports, witness statements, and photographs
- Preserve records of income loss, medical expenses, and care costs
- Contact SIRA within 52 weeks of the accident to report threshold injuries
If the injury results in long-term consequences, families must provide ongoing evidence of how the injury affects the claimant’s ability to work or perform daily activities. SIRA may require medical assessments to determine the injury’s impact.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident if the injury is a threshold injury. For non-threshold injuries, the time limit is 10 years from the accident date. Families should act quickly to:
- Submit a claim form to SIRA
- Provide medical evidence confirming the injury’s link to the accident
- Challenge any adverse decisions through the NSW Civil and Administrative Tribunal (NCAT)
If SIRA disputes the claim, families may need to seek legal advice to contest the decision. Independent medical opinions and expert evidence can be critical in these cases.
Example: Seatbelt Non-Use and Caregiver Impact
Consider a scenario where a passenger was not wearing a seatbelt during a collision. The passenger sustains a soft tissue injury but no visible trauma. The caregiver must prove that the injury was caused by the accident, not pre-existing conditions. If the injury is deemed a threshold injury, the 52-week benefit period applies, and the family must provide evidence of ongoing care needs beyond this timeframe.
When to Seek Legal Advice
Families should consult a solicitor if:
- The injury involves complex medical conditions
- SIRA disputes the claim’s validity
- The claimant requires long-term care or income support
- The accident occurred in a car park, driveway, or private property (which may require special assessment)
Legal professionals can help navigate SIRA’s requirements and ensure all evidence meets the necessary standards.
Next Steps for Families
CTP claims depend on the specific facts of each case. Families in Western Sydney should act promptly to gather evidence and submit claims within the required time limits. For personalized guidance, complete the quick, no obligation enquiry form to request contact about your circumstances.