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 vehicle accident in Ballina and weren't wearing a seatbelt, your ability to claim compensation under NSW's Compulsory Third Party (CTP) scheme may depend on how the injury is assessed. This article explains how SIRA evaluates claims involving seatbelt non-use, outlines early steps for injured road users, and highlights legal considerations affecting compensation.
How SIRA Assesses CTP Claims with Seatbelt Non-Use
SIRA, the NSW authority for CTP claims, considers seatbelt use as a factor in determining injury severity. Under the Motor Accident Injuries Act 2017, a passenger's failure to wear a seatbelt may impact the assessment of whether the injury meets the 'threshold injury' criteria. Threshold injuries are defined as injuries requiring medical treatment, such as soft tissue injuries or fractures, and must involve a spinal nerve-root injury producing neurological signs. Seatbelt non-use could influence whether an injury is classified as a threshold injury, which affects eligibility for statutory benefits.
For example, if a passenger wasn't wearing a seatbelt and suffered a whiplash injury, SIRA may assess whether the injury meets the soft-tissue definition under the Motor Accident Guidelines. If the injury does not qualify as a threshold injury, the passenger may not be eligible for the 52-week statutory benefits period. However, this does not prevent the passenger from seeking compensation for injuries that do meet the threshold criteria.
Early Steps for Injured Road Users in Ballina
After a motor vehicle accident, injured road users should take the following steps to preserve their CTP claim:
- Seek immediate medical attention to document injuries, as medical records are critical evidence.
- Report the accident to the police and obtain a report, as this establishes the incident's details.
- Contact SIRA to start the claims process. SIRA offers a free online claim form and can guide passengers through the steps.
- Preserve evidence such as photographs of the accident scene, witness contact details, and vehicle damage. Seatbelt use or non-use should be noted in medical reports.
- Notify the at-fault driver's insurer to initiate the CTP claim process.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident for statutory benefits, but this does not apply to all compensation. If a passenger's injury is classified as a threshold injury, they may still pursue a common law damages claim beyond the 52-week period. However, delays in reporting injuries or failing to meet SIRA's evidentiary standards could jeopardize the claim.
If SIRA denies a claim, the injured person may request a review or escalate the matter to the NSW Civil and Administrative Tribunal (NCAT). CTP claims are based on the injured person's injuries, not who was at fault for the accident.
When to Seek Legal Advice
While SIRA provides resources for claims, complex cases involving seatbelt non-use may require legal assistance. A solicitor can help clarify whether the injury meets threshold criteria, challenge SIRA's assessment, or pursue additional compensation for non-economic losses such as pain and suffering. Legal advice is particularly valuable if the passenger's claim is denied or if there are disputes over the extent of injuries.
Next Steps for Injured Passengers
If you or a family member was injured in a motor vehicle accident in Ballina and were not wearing a seatbelt, time is critical. The steps outlined above can help preserve your CTP claim, but each case is unique. To request contact about your circumstances, complete the quick, no obligation enquiry form.