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 and did not wear a seatbelt, your compensation claim under NSW's Compulsory Third Party (CTP) scheme may be affected. Seatbelt use is a key factor in determining entitlements, and disputes over this issue require specific resolution steps. This article explains how to challenge or resolve such disputes in Illawarra and South Coast NSW, based on SIRA's guidelines and legal rules.
How Seatbelt Non-Use Affects CTP Claims
Under the Motor Accident Injuries Act 2017, failure to wear a seatbelt can reduce or deny compensation. SIRA considers seatbelt use as part of the 'contributory fault' test, which assesses whether the injured person's actions (or lack of them) contributed to the injury. For example, if a passenger was not wearing a seatbelt and suffered whiplash, SIRA may argue the injury was partly self-inflicted, reducing the claim's value.
This applies even if the accident was not your fault. SIRA's guidelines state that seatbelt non-use is a 'factor' in determining compensation, not a complete bar to a claim. However, the extent of the impact depends on medical evidence and the specific circumstances of the accident.
Dispute Resolution Options for Seatbelt Claims
Disputes over seatbelt non-use typically follow these steps:
- Internal review by SIRA: You can request a review of the decision by SIRA's internal team. This may involve submitting additional medical evidence or disputing the assessment of contributory fault.
- Mediation: SIRA offers mediation as a way to resolve conflicts without litigation. This is a confidential process where a neutral party helps both sides reach an agreement.
- Legal challenge: If mediation fails, you may need to seek legal advice to challenge SIRA's decision. A lawyer can help you argue that the seatbelt issue was not properly considered or that the injury was not caused by the accident.
In Illawarra and South Coast, SIRA's regional offices handle claims similarly to metropolitan areas, but local legal practitioners may have more insight into regional dispute trends. Always check with SIRA for the most up-to-date procedures.
Practical Steps for Seatbelt Claims
To support your claim, gather:
- Medical records showing the injury and its connection to the accident.
- Accident reports from police or witnesses.
- Evidence of seatbelt use (or lack thereof), such as vehicle camera footage or statements from other passengers.
- Income records if you're claiming lost wages.
SIRA requires all claims to be submitted within 52 weeks of the accident, unless an extension is granted. Delays can reduce your entitlements, so act promptly.
When to Seek Legal Advice
Disputes over seatbelt non-use can be complex. A lawyer can:
- Help you challenge SIRA's assessment of contributory fault.
- Advise on whether to pursue a legal challenge.
- Ensure your claim complies with SIRA's rules and deadlines.
If you're unsure how to proceed, contact a local solicitor or use the quick, no obligation enquiry form to request assistance.
Time Limits and Final Steps
CTP claims must be submitted within 52 weeks of the accident. If you're disputing a decision, you'll need to act quickly, as delays can limit your options. Always keep copies of all documents and communicate with SIRA in writing to confirm your actions.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.