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 on the Central Coast and did not wear a seatbelt, your claim for compensation under NSW's Compulsory Third Party (CTP) scheme may be affected. Seatbelt non-use can influence whether you qualify for certain benefits or damages. This article explains how NSW law treats such claims, using practical examples relevant to the Central Coast.
How Seatbelt Non-Use Affects CTP Claims
Under the Motor Accident Injuries Act 2017, passengers who fail to wear a seatbelt may face reduced compensation. SIRA guidelines state that seatbelt use is a key factor in determining whether an injury meets the 'threshold injury' definition. Threshold injuries are those that result in a whole person impairment (WPI) of 10% or more, or require treatment and care. If a passenger did not wear a seatbelt and their injuries fall below this threshold, they may not qualify for statutory benefits like weekly payments or treatment coverage.
For example, a passenger involved in a Central Coast collision who suffered whiplash but did not wear a seatbelt might not meet the threshold injury criteria. In such cases, the CTP insurer may argue the injury is not serious enough to warrant compensation. However, if the passenger's injuries meet the threshold, the seatbelt failure could still affect the amount of compensation, as it may reduce the claimant's ability to prove the injury's severity.
Practical Steps for Passengers with Seatbelt Claims
If you were not wearing a seatbelt in a motor accident, take the following steps:
- Document the accident: Obtain a police report, witness statements, and photographs of the scene. Seatbelt non-use is often noted in accident reports.
- Seek medical attention: Get a medical assessment to determine if your injuries meet the threshold injury definition. SIRA requires medical evidence to support claims.
- Notify the insurer: Contact the at-fault driver's CTP insurer as soon as possible. Delays may affect your ability to claim benefits.
- Review your evidence: Ensure your medical records clearly link your injuries to the accident. Seatbelt non-use may be used to challenge the severity of your injuries.
Time Limits and Dispute Options
CTP claims must be made within 52 weeks of the accident if the injuries are limited to threshold injuries. If your injuries exceed the threshold, you may have longer to claim, but time limits still apply. If the insurer disputes your claim, you can request a review by SIRA or seek independent medical opinions to challenge their assessment.
When to Seek Legal Advice
If your seatbelt non-use is being used to reduce or deny your claim, consult a solicitor. They can help you challenge the insurer's assessment of your injuries and ensure you meet all legal requirements for compensation.
Final Steps
CTP claims involving seatbelt non-use depend on the specific facts of your case. To discuss your circumstances, complete the quick, no obligation enquiry form. Every claim depends on its own facts.