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 you were a passenger in a motor accident on the Central Coast and did not wear a seatbelt, your claim for compensation under NSW’s Compulsory Third Party (CTP) scheme may be affected. Seatbelt non-use is a key factor in determining whether you are eligible for benefits, and disputes over this issue often require specific resolution steps. This article explains how seatbelt non-use impacts CTP claims, outlines dispute resolution options available on the Central Coast, and highlights what you should know about SIRA’s approach to such cases.
How Seatbelt Non-Use Affects CTP Claims
Under NSW law, failing to wear a seatbelt may reduce or eliminate your entitlement to certain benefits under the Motor Accident Injuries Act 2017. SIRA’s guidelines state that seatbelt non-use is a contributory factor that can affect the assessment of your claim. For example, if you were not wearing a seatbelt and suffered a soft-tissue injury (such as a whiplash), your claim may be limited because the injury is considered ‘threshold’ under the Act. Threshold injuries are defined as those that do not require medical treatment beyond basic care, and they are generally not eligible for long-term benefits.
If you were not wearing a seatbelt and sustained a more serious injury, such as a broken arm or head trauma, SIRA may still consider your claim, but the assessment will depend on whether the seatbelt failure contributed to the injury. This requires a detailed medical report from a registered medical practitioner confirming the injury’s cause and severity.
Dispute Resolution Options on the Central Coast
If you disagree with SIRA’s decision about your seatbelt non-use or the impact on your claim, you have several options to challenge the decision. First, you can request an internal review by SIRA. This involves submitting new evidence or clarifying information that may have been overlooked. The review must be requested within 28 days of receiving the initial decision, as per SIRA’s internal procedures.
If the internal review does not resolve the dispute, you may escalate the matter to the Personal Injury Commission (PIC) for a formal review. The PIC can examine the case and may order a medical expert to assess the injury’s connection to the accident. This process is available for claims where the dispute involves the interpretation of medical evidence or the application of the law.
In some cases, a dispute may also be resolved through mediation with SIRA or the PIC. Mediation is a voluntary process where a neutral third party helps both sides reach an agreement without proceeding to a formal review.
Practical Steps and Evidence to Gather
To support your CTP claim involving seatbelt non-use, you should gather the following evidence:
- Medical records: A detailed report from a registered medical practitioner confirming the nature and cause of your injury.
- Accident report: Obtain a copy of the police report or accident statement from the scene, which may include details about seatbelt use.
- Witness statements: Statements from witnesses who saw the accident and can confirm whether seatbelts were used.
- Photographs: Evidence of the vehicle’s condition, seatbelt status, and any visible damage.
- Insurance correspondence: Copies of all communications with the at-fault driver’s insurer, including any claims about seatbelt non-use.
It is also important to note that SIRA may require you to provide evidence that the seatbelt failure was a direct cause of your injury. If you are unsure about the relevance of your evidence, seek advice from a legal professional familiar with CTP claims.
Time Limits and When to Seek Advice
CTP claims must be submitted to SIRA within 52 weeks of the accident, as per the Motor Accident Injuries Act 2017. If you missed this deadline, you may still be able to apply for a review if there is a valid reason for the delay. However, late submissions are often denied unless exceptional circumstances are proven.
Disputes over seatbelt non-use should be resolved promptly, as delays can weaken your case. If you are unsure whether your claim is affected by seatbelt non-use, or if you need help challenging a decision, contact a legal professional as soon as possible. The Central Coast has several solicitors and legal experts who specialise in CTP claims and can guide you through the process.
Conclusion
Seatbelt non-use can significantly impact your CTP claim in NSW, and disputes over this issue require careful handling. By understanding the legal framework, gathering the right evidence, and pursuing dispute resolution options like internal reviews or PIC mediation, you can challenge decisions that may unfairly limit your entitlements. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.