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 in Bathurst, NSW, and weren't wearing a seatbelt, your ability to claim compensation under the Compulsory Third Party (CTP) scheme may depend on the evidence you collect. The NSW Motor Accident Injuries Act 2017 and SIRA guidelines outline how seatbelt non-use impacts claims, but your ability to prove the injury was caused by the accident, not the seatbelt failure, will determine your entitlement. This article explains what evidence to preserve, how SIRA assesses seatbelt-related claims, and when to seek legal advice.
How Seatbelt Non-Use Affects CTP Claims
Under NSW law, the CTP scheme covers injuries caused by motor vehicle accidents, but the failure to wear a seatbelt may reduce or eliminate your claim. SIRA’s guidelines state that passengers must prove their injury would have occurred even if they had worn the seatbelt. This is because the scheme assumes seatbelts are used unless there is evidence to the contrary.
For example, if a passenger wasn’t wearing a seatbelt and suffered whiplash, the insurer may argue the injury was caused by the lack of restraint. To counter this, you must show the injury was a direct result of the accident, not the seatbelt failure. This requires medical evidence linking the injury to the accident.
Evidence to Support Your Claim
To strengthen your CTP claim, collect the following:
- Medical records: Detailed reports from doctors or specialists confirming your injury and its connection to the accident.
- Accident reports: Police reports or statements from the driver, other passengers, or witnesses.
- Witness statements: Accounts from people who saw the accident, including whether the seatbelt was used.
- Photographs: Images of the accident scene, vehicle damage, and any visible seatbelt issues.
- Insurance correspondence: Emails or letters from the at-fault driver’s insurer.
- Income records: Proof of lost wages or additional expenses.
If the seatbelt failure is a key issue, ensure your evidence shows the injury would have occurred regardless of the seatbelt. For instance, if the passenger was thrown from the vehicle, the injury may still be attributed to the accident.
Time Limits and Dispute Resolution
CTP claims must be made within 52 weeks of the accident if the injury is a 'threshold injury' (a minor injury covered under the scheme). If your injury is more severe, you may have longer to claim, but time limits still apply. SIRA may dispute your claim if they believe the seatbelt failure was the primary cause of your injury.
If your claim is rejected, you can request a review by SIRA or seek legal advice. A solicitor can help you challenge the decision by demonstrating that the injury was caused by the accident, not the seatbelt.
When to Seek Legal Advice
If your claim is denied or you’re unsure whether your injury qualifies, contact a legal professional. They can help you:
- Challenge SIRA’s assessment of your injury.
- Gather additional evidence.
- Understand your options if the claim is disputed.
Remember, every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.
In NSW, seatbelt non-use can affect your CTP claim, but you can still seek compensation if your injury was caused by the accident. Collect medical records, accident reports, and witness statements to support your case. If your claim is denied, seek legal advice to challenge the decision.