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 in Bathurst and did not wear a seatbelt, you may have questions about your eligibility for NSW Compulsory Third Party (CTP) compensation. The CTP scheme does not automatically disqualify claims where a passenger failed to use a seatbelt, but the circumstances of the accident and the nature of the injuries will determine whether you can claim benefits. This article explains how SIRA assesses seatbelt use in CTP claims, what evidence passengers need to provide, and the time limits that apply.
How Seatbelt Use Affects CTP Claim Eligibility
Under the Motor Accident Injuries Act 2017, the CTP scheme provides benefits for injuries caused by motor vehicle accidents. However, the scheme does not consider seatbelt use as a standalone disqualification. SIRA (State Insurance Regulatory Authority) evaluates whether the injury was directly caused by the accident, not the failure to wear a seatbelt. For example, if a passenger suffered a soft-tissue injury (such as a bruise or whiplash) due to the accident, the seatbelt non-use may not prevent them from claiming treatment benefits or weekly income payments.
SIRA’s guidelines state that seatbelt use is one of several factors assessed when determining the extent of injuries. If a passenger did not wear a seatbelt, the insurer may consider whether the injury would have been less severe if the seatbelt had been used. However, this does not mean the claim is automatically rejected. The key is whether the injury was a direct result of the accident.
Evidence Required for CTP Claims Involving Seatbelt Non-Use
To support your CTP claim, you must provide evidence that your injury was caused by the accident. This includes:
- Medical records confirming your injuries and their connection to the accident.
- Police reports or accident statements detailing the incident.
- Witness statements or contact information.
- Photographs of the accident scene and vehicle damage.
- Proof of seatbelt non-use, such as statements from other passengers or vehicle inspection reports.
If you were not wearing a seatbelt, your claimant may also need to demonstrate that the injury would have occurred even if the seatbelt had been used. This is a complex legal assessment, and SIRA may require medical opinions to determine the injury’s cause.
Time Limits and Dispute Resolution
CTP claims must be made within 52 weeks of the accident date for benefits like weekly income payments and treatment benefits. However, this timeline does not apply to claims for permanent impairment or lifetime care. If your claim involves a dispute over seatbelt use, you may need to seek legal advice to challenge the insurer’s assessment.
For example, if your injury falls below the 'threshold injury' defined in the Motor Accident Guidelines, you may not be eligible for benefits. A medical professional must assess your injury to determine its severity.
When to Seek Legal Advice
If your CTP claim is being disputed, or if you are unsure whether your injury qualifies, it is advisable to consult a legal professional. A solicitor can help you understand your options, ensure your claim meets SIRA’s requirements, and challenge any unfair decisions.
Passengers in Bathurst who did not wear a seatbelt may still be eligible for CTP benefits if their injury was directly caused by the accident. However, the claim must be supported by evidence and the injury must meet the scheme’s criteria. Time limits apply, and disputes over seatbelt use may require legal assistance. Every claim depends on its own facts.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.