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).
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 accident where you weren't wearing a seatbelt, preserving evidence is critical to support your CTP claim. Seatbelt non-use can affect your ability to claim compensation under NSW's Motor Accident Injuries Act 2017. This article explains what records to keep, how SIRA regulates documentation, and how to present evidence in your claim.
What Evidence Matters for Seatbelt Non-Use Claims
To prove your case, you must demonstrate that the accident caused injuries and that you complied with safety laws. Key evidence includes:
- Medical records showing injuries and their connection to the accident
- Accident reports from police or witnesses detailing seatbelt non-use
- Witness statements confirming your seatbelt status
- Vehicle camera footage or dashcam recordings
- Photos of the scene and vehicle damage
- Insurance correspondence with the at-fault driver's insurer
SIRA requires claims to show a direct link between the accident and injuries. Seatbelt non-use may impact your claim if it contributed to the injury, but this depends on medical evidence. For example, if a passenger wasn't wearing a seatbelt and suffered whiplash, medical records must prove the injury resulted from the accident, not pre-existing conditions.
How SIRA Handles Seatbelt-Related Claims
SIRA's Motor Accident Guidelines state that seatbelt non-use must be documented to assess claim validity. While the at-fault driver's insurer must cover injuries, passengers must prove compliance with safety laws. This includes:
- Showing you were a passenger in the vehicle
- Proving the seatbelt was available and functional
- Demonstrating you were not a driver or cyclist
If you were a driver, you may not be eligible for CTP benefits. SIRA clarifies that only passengers, pedestrians, cyclists, and motorcyclists qualify. Seatbelt non-use could also affect your claim if it contributed to the injury, but this requires expert medical opinion.
Practical Steps After a Seatbelt Non-Use Accident
- Seek immediate medical attention and document all treatment
- Report the accident to police and request a report
- Collect witness contact details and ask for statements
- Take photos of the scene and vehicle damage
- Keep all medical records and correspondence with healthcare providers
- Notify your insurer about the accident and any injuries
If you're unsure about your claim's viability, consult a solicitor. SIRA's guidelines are strict, and evidence must be clear. For example, if a passenger wasn't wearing a seatbelt and suffered a soft-tissue injury, medical records must show the injury resulted from the accident, not pre-existing conditions.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident if only threshold injuries are involved. If your injuries exceed threshold levels, you may have longer to claim. Always check the date of your accident, as older claims may be affected by changes to the Motor Accident Injuries Act 2017.
If your claim is disputed, you may need to:
- Request a review from SIRA
- Seek independent medical opinions
- Consult a solicitor to challenge the insurer's decision
When to Seek Legal Advice
CTP claims involving seatbelt non-use can be complex. If you're unsure whether your evidence meets SIRA's requirements, contact a solicitor. They can help you:
- Navigate SIRA's documentation rules
- Challenge incorrect assessments of your injury
- Ensure you meet all eligibility criteria
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.
Example Scenario
Imagine a passenger in Ashfield wasn't wearing a seatbelt during a collision. They suffered a soft-tissue injury but no visible trauma. Medical records must show the injury resulted from the accident. If the passenger's seatbelt was available but not used, this could affect the claim. SIRA would assess whether the injury meets the threshold injury definition under the Motor Accident Guidelines.
Final Steps
Preserving evidence is crucial for CTP claims involving seatbelt non-use. If you're unsure about your records or the claim's viability, seek legal advice. Time limits apply, so act promptly to protect your rights under NSW law.