If you were a passenger in a motor vehicle accident on the Illawarra or South Coast and did not wear a seatbelt, your ability to claim compensation under NSW’s Compulsory Third Party (CTP) scheme may depend on whether your injuries meet the legal definition of a 'threshold injury'. Seatbelt non-use is a key factor in determining whether your claim qualifies for benefits under the Motor Accident Injuries Act 2017. This article explains how SIRA assesses recovery timelines and daily activity limitations for passengers in regional NSW, and what evidence matters for your claim.
How Seatbelt Non-Use Affects CTP Claims
Under NSW law, a 'threshold injury' is defined as an injury that results in a whole person impairment (WPI) of 10% or more, or a soft tissue injury meeting specific clinical criteria. Seatbelt non-use is a critical factor in determining whether an injury qualifies as a threshold injury. For example, if a passenger did not wear a seatbelt and suffered a whiplash injury, SIRA may assess whether the injury meets the clinical signs outlined in the Motor Accident Guidelines. If the injury does not meet the threshold, you may not be eligible for weekly income payments or treatment benefits after 52 weeks.
SIRA’s approach to assessing recovery timelines for passengers is consistent with its guidelines for drivers. If your medical records show that you were able to return to daily activities (such as work, school, or household tasks) within a reasonable timeframe, this could reduce the amount of benefits you receive. However, if your injuries prevent you from resuming normal activities, you may be eligible for longer-term support.
Practical Steps and Evidence for Seatbelt-Related Claims
To support your CTP claim, you must provide evidence that your injuries were caused by the accident and that seatbelt non-use contributed to the severity of your injuries. Key evidence includes:
- Medical records from a registered medical practitioner confirming your injuries and their connection to the accident
- A detailed accident report from the police or insurance company
- Witness statements or photographs of the accident scene
- Proof of income or employment to demonstrate how your injuries impacted your daily activities
If you were not wearing a seatbelt, your claim may also be scrutinized to determine whether the injury would have been less severe if you had worn one. This is known as the 'seatbelt effect' and is a common consideration in CTP claims.
Regional Considerations for Illawarra and South Coast
While SIRA applies the same legal standards across NSW, regional factors such as access to medical services or local treatment protocols may influence how your claim is assessed. For example, if you received treatment from a specialist in a regional area, your medical records must clearly link the treatment to your injuries. SIRA may also consider whether your recovery timeline aligns with typical outcomes for similar injuries in the Illawarra or South Coast regions.
Time Limits and When to Seek Advice
CTP claims must be submitted within 52 weeks of the accident if you are seeking weekly income payments or treatment benefits. However, if your injuries are not classified as threshold injuries, you may still be eligible for other benefits such as medical treatment costs. It is important to act quickly and consult a legal professional if your claim is denied or if you are unsure about your eligibility.
Example: Seatbelt Non-Use and Daily Activity Limitations
Consider a passenger who was not wearing a seatbelt during a low-speed collision. They suffered a soft tissue injury but were able to return to work within three weeks. SIRA may determine that the injury does not meet the threshold for long-term benefits, as the passenger’s recovery was not significantly impacted by the accident. However, if the passenger required prolonged physiotherapy and could not perform daily tasks for several months, they may qualify for extended support.
Next Steps
CTP claims involving seatbelt non-use can be complex, especially when assessing how injuries affect daily activities. If you are unsure whether your claim meets the legal requirements, it is important to seek legal advice. General information cannot determine whether a claim is available in an individual case. To request contact about your circumstances, complete the quick, no obligation enquiry form.