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 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 whether your injuries qualify for benefits and how recovery timelines are assessed. This article explains how SIRA evaluates these cases and what evidence matters when assessing your ability to return to daily activities.
How Seatbelt Non-Use Impacts CTP Claims
Under NSW CTP rules, seatbelt use is a critical factor in determining whether an injury qualifies for benefits. SIRA's guidelines state that failure to wear a seatbelt may reduce the amount of compensation available, as it could affect the severity of injuries. For example, if a passenger wasn't wearing a seatbelt and suffered soft-tissue injuries, insurers may argue the injuries were less severe than they appeared.
SIRA assesses whether the injury would have been more serious if the seatbelt had been used. This involves medical evidence showing the injury's nature and how it relates to the accident. Seatbelt non-use can also influence whether the injury meets the 'threshold injury' definition under the Motor Accident Injuries Act 2017, which determines eligibility for weekly benefits.
Daily Activities and Recovery Timelines
When assessing your ability to return to daily activities, SIRA considers whether your injuries prevent you from performing routine tasks like cooking, shopping, or working. Seatbelt non-use may affect this evaluation if the injury is deemed less severe than it would have been with proper restraint.
For example, if a passenger suffered a minor whiplash injury but wasn't wearing a seatbelt, SIRA might conclude the injury was not significant enough to qualify for benefits. This could delay or limit access to weekly payments or treatment and care benefits.
Evidence That Matters
To support your claim, you'll need:
- Medical records showing the nature and severity of your injuries
- Evidence that the seatbelt was not used (e.g., vehicle inspection reports)
- Statements from medical practitioners about your ability to perform daily activities
- Witness accounts or accident reports confirming seatbelt non-use
SIRA may also request a medical opinion on whether the injury would have been more severe with a seatbelt. This can influence whether your claim proceeds to a damages stage.
Time Limits and Dispute Options
CTP claims must be made within 52 weeks of the accident if the injury is a 'threshold injury.' If your injury doesn't meet this threshold, you may still have options, but the time limit is shorter. Seatbelt non-use could affect this timeline if the injury's severity is disputed.
If your claim is rejected, you may need to dispute the decision through SIRA's review process or seek legal advice. A solicitor can help challenge the assessment of your injury's severity or the impact of seatbelt non-use.
When to Seek Advice
If your ability to return to daily activities is being questioned due to seatbelt non-use, it's important to act early. SIRA's assessment of your injury's severity can directly affect your access to benefits. A legal professional can help ensure your claim is evaluated fairly, especially if there are disputes about the injury's impact.
Next Steps
CTP entitlements depend on the accident date, injury type, and evidence of seatbelt non-use. To request contact about your circumstances, complete the quick, no obligation enquiry form.