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 Albury and weren't wearing a seatbelt, your ability to claim compensation under NSW's Compulsory Third Party (CTP) scheme may be affected. Seatbelt non-use is a key factor in determining claim eligibility and the extent of recovery for daily activities. This article explains how SIRA evaluates such claims, what medical evidence is required, and practical steps to take.
How Seatbelt Non-Use Affects CTP Claims
Under NSW law, failing to wear a seatbelt can reduce the amount of compensation you receive. SIRA assesses whether the injury would have been prevented or lessened if the seatbelt was used. For example, if a passenger suffered whiplash due to not wearing a seatbelt, the claim may be limited to injuries directly caused by the accident.
The Motor Accident Injuries Act 2017 (s 4.4) restricts benefits for injuries that would have been avoided with proper seatbelt use. SIRA evaluates this by considering medical reports, accident circumstances, and whether the injury meets the 'threshold injury' definition. If the injury is deemed preventable, your claim may not cover all damages.
Medical Evidence for Daily Activity Limitations
To prove your ability to return to daily activities, you must provide medical evidence showing your injury limits your capacity. This includes:
- Detailed medical reports from a specialist
- Evidence of reduced mobility or pain
- Documentation of time off work or daily activity restrictions
For instance, if your injury prevents you from walking long distances or lifting objects, your medical team must explicitly state this. SIRA uses these records to assess your recovery timeline and adjust compensation accordingly.
Practical Steps and Time Limits
After an accident, seek immediate medical attention and document your injuries. Preserve evidence like:
- Accident reports
- Witness statements
- Photographs of the scene
- Correspondence with insurers
CTP claims must be submitted within 52 weeks of the accident, though extensions may apply for complex cases. Delays can jeopardize your ability to claim benefits for daily activities.
When to Seek Legal Advice
Disputes may arise if your claim is rejected or if the insurer disputes the impact of seatbelt non-use. A legal professional can help challenge decisions based on SIRA guidelines. For example, if your injury meets the threshold injury criteria but the insurer denies benefits, a lawyer can argue that your claim should include both medical and income-related damages.
Conclusion
CTP claims involving seatbelt non-use depend on medical evidence, accident circumstances, and SIRA's interpretation of NSW law. If your recovery is delayed or your claim is disputed, seek legal guidance to ensure your rights are protected. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.