Seatbelt Non-Use and CTP Claims in NSW
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 did not wear a seatbelt, your ability to claim compensation under NSW’s Compulsory Third Party (CTP) scheme may be affected. Insurers assess whether seatbelt non-use contributed to your injuries, which can influence claim outcomes. This article explains how insurers evaluate such cases, the legal rules that apply, and what evidence matters.
How Seatbelt Non-Use Affects CTP Claims
Under the Motor Accident Injuries Act 2017 (MAIA), insurers must consider whether a claimant’s actions contributed to their injuries. Seatbelt non-use is treated as a factor in determining fault and claim viability. While the CTP scheme covers injuries regardless of fault, insurers may reduce compensation if the claimant’s failure to wear a seatbelt worsened their injuries.
For example, if a passenger was not wearing a seatbelt and suffered whiplash, the insurer might argue the injury was more severe than it would have been had the seatbelt been used. This is because the MAIA requires insurers to consider contributory fault, which can reduce the amount of compensation payable.
Factors Insurers Consider in Seatbelt Cases
Insurers evaluate several factors when assessing seatbelt-related claims:
- Fault and contributory negligence: Whether the claimant’s failure to wear a seatbelt contributed to their injuries.
- Medical evidence: Doctors must confirm that the injury would have been less severe with proper seatbelt use. This is outlined in the Motor Accident Guidelines, which insurers follow.
- Accident circumstances: The severity of the collision and how seatbelt non-use impacted the injury.
- SIRA guidelines: The State Insurance Regulatory Authority (SIRA) provides official guidance on what claims are supported, including seatbelt-related issues.
Practical Steps for Claimants
To support your claim, gather:
- Medical records showing the injury and its connection to seatbelt non-use.
- Police reports or accident statements detailing the incident.
- Witness statements or photos of the accident scene.
- Evidence of seatbelt non-use, such as vehicle camera footage or statements from other passengers.
Insurers may dispute claims if they believe the seatbelt failure significantly contributed to the injury. In such cases, seeking legal advice is crucial to challenge the insurer’s assessment.
Time Limits and Dispute Options
CTP claims must be made within specific timeframes. For example, claims for injuries must typically be submitted within 52 weeks of the accident, unless the injury was not immediately apparent. If the insurer disputes your claim, you may need to request a review or seek mediation through SIRA.
When to Seek Legal Advice
If your claim is denied or you’re unsure how seatbelt non-use affects your case, consult a solicitor. Legal professionals can help challenge insurer decisions and ensure your rights under the MAIA are protected.
Next Steps
CTP claim outcomes depend on the accident date, injury type, and evidence provided. To request contact about your circumstances, complete the quick, no obligation enquiry form.