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 and didn't wear your seatbelt, you may have questions about whether you can claim treatment costs under NSW's Compulsory Third Party (CTP) scheme. The answer depends on the nature of your injuries, the legal rules about seatbelt use, and how the New South Wales Motor Accident Injuries Act 2017 applies to your case. This article explains how seatbelt non-use may impact your ability to claim treatment funding, based on official SIRA guidelines and NSW law.
How Seatbelt Non-Use Affects CTP Claims
Under NSW CTP rules, treatment costs are generally covered if your injuries meet the 'threshold injury' definition in the Motor Accident Guidelines. However, seatbelt non-use may affect whether your injuries qualify for funding. SIRA’s guidelines state that injuries must result from the accident and not be 'contributory', meaning the injury must not have been caused by your own actions, like not wearing a seatbelt.
If you didn’t wear a seatbelt and your injuries are primarily due to that failure, the CTP insurer may argue your injuries don’t meet the threshold. For example, a soft tissue injury (like a bruise or whiplash) caused by not wearing a seatbelt might not qualify for treatment funding, as the injury could be seen as 'contributory' rather than a direct result of the accident.
Practical Steps and Evidence for Treatment Funding
To claim treatment costs, you must show your injuries were caused by the accident and meet the threshold injury definition. Key evidence includes:
- Medical records confirming your injuries and their connection to the accident
- Witness statements or accident reports showing seatbelt non-use
- Proof of treatment costs (e.g., invoices, receipts)
If your seatbelt wasn’t used, your doctor may need to explain how the injury would have been different if you had worn it. This could affect whether your claim is approved.
Time Limits and When to Seek Advice
CTP claims must be made within 52 weeks of the accident if your injuries are threshold injuries. If your injuries are more severe, there’s no strict time limit, but delays can reduce your chances of securing funding. If your seatbelt non-use is a key factor, you should seek legal advice early to challenge any claims that your injuries are 'contributory' or below the threshold.
A Hypothetical Example
Imagine a passenger in a car crash who didn’t wear a seatbelt. They suffer a soft tissue injury but no lasting damage. The insurer argues the injury is 'contributory' because the seatbelt failure worsened the outcome. Under SIRA guidelines, this injury might not qualify for treatment funding, as the injury could have been avoided if the seatbelt was used.
Next Steps
If your CTP claim depends on seatbelt use, time limits, or the nature of your injuries, contact a legal professional. General information cannot determine whether your claim is available. To request contact about your circumstances, complete the quick, no obligation enquiry form.