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 NSW and did not wear a seatbelt, you may need to provide specific evidence to support a Compulsory Third Party (CTP) claim. Seatbelt use is a critical factor in determining the validity of claims under the Motor Accident Injuries Act 2017. This article explains the evidence required, how SIRA guidelines apply, and what records to keep in the Illawarra and South Coast regions.
NSW CTP Rules for Seatbelt Non-Use Claims
Under NSW law, a passenger’s failure to wear a seatbelt may impact their ability to claim compensation. SIRA (State Insurance Regulatory Authority) requires evidence that the injury was caused by the accident and that the seatbelt non-use contributed to the harm. Seatbelt use is considered a 'contributory factor' under the Motor Accident Injuries Act 2017, which means the claimant’s failure to wear a seatbelt could reduce the amount of compensation received.
SIRA’s guidelines state that evidence must show the injury would have been prevented or lessened if the seatbelt had been used. This includes medical evidence linking the injury to the accident and demonstrating that seatbelt non-use worsened the outcome. For example, if a passenger suffered whiplash but would not have sustained it if they had worn a seatbelt, this supports a claim.
Practical Steps and Evidence to Keep
To build a strong CTP claim involving seatbelt non-use, you must document the following:
- Medical records: Detailed reports from doctors or specialists confirming the injury and its connection to the accident. These should include diagnoses, treatment plans, and recovery timelines.
- Accident reports: Obtain a police report or statement from the driver or witnesses describing the incident. This helps establish the circumstances of the accident and the passenger’s seatbelt status.
- Witness statements: Statements from other passengers, drivers, or bystanders confirming whether the seatbelt was used or not.
- Photographs: Images of the vehicle’s seatbelt system (e.g., restraints, buckles) and any visible damage to the seatbelt mechanism.
- Medical opinion on seatbelt use: A doctor’s note explaining how seatbelt non-use contributed to the injury. This is crucial under SIRA guidelines, as it directly ties the injury to the accident.
- Income and employment records: If the injury caused lost wages, provide payslips or employer statements to support income loss claims.
Time Limits and When to Seek Advice
CTP claims in NSW have strict time limits. You must notify the at-fault driver’s insurer within 52 weeks of the accident. If the injury is a 'threshold injury' (e.g., soft tissue damage), benefits are generally limited to 52 weeks under the Motor Accident Injuries Act 2017. For non-threshold injuries, claims may continue beyond this period, but evidence must show the injury’s severity.
Disputes over seatbelt non-use can arise if the insurer argues the injury would not have occurred without the seatbelt. In such cases, independent medical opinions or expert testimony may be required. If the insurer denies the claim or disputes the evidence, you may need to escalate the matter to the NSW Civil and Administrative Tribunal (NCAT) or seek legal advice.
Example Scenario
Imagine a passenger in a car crash on the Illawarra Highway who was not wearing a seatbelt. They sustained a neck injury (whiplash) and later developed chronic pain. Medical records show the injury was caused by the accident, and a doctor explains that seatbelt non-use increased the risk of harm. The passenger also has a police report confirming the seatbelt was not used. This evidence supports a CTP claim, but the insurer may argue the injury was unavoidable. In this case, the claimant must prove the seatbelt’s role in the injury.
Next Steps
CTP claims involving seatbelt non-use depend on the specific facts of the accident, the injury’s severity, and the evidence collected. If you are unsure whether your claim meets the requirements, or if the insurer is disputing the evidence, it is important to seek legal advice. General information cannot determine whether a claim is available in an individual case. To request contact about your circumstances, complete the quick, no obligation enquiry form.