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).
In New South Wales, seatbelt non-use can impact the assessment of liability in Compulsory Third Party (CTP) motor accident claims. Insurers evaluate whether a passenger’s failure to wear a seatbelt contributed to their injuries, which may affect compensation. This article explains how insurers assess liability in Armidale NSW, the legal framework governing CTP claims, and practical steps for claimants.
How Seatbelt Non-Use Affects Liability Assessments
Under NSW law, seatbelt use is a key factor in determining contributory negligence. The Motor Accident Injuries Act 2017 and SIRA guidelines state that failure to wear a seatbelt may reduce compensation if it contributed to the injury. Insurers assess whether the seatbelt non-use:
- Increased the risk of injury (e.g., by failing to protect the passenger)
- Exacerbated the injury’s severity
- Was a foreseeable risk under the circumstances
For example, if a passenger was ejected from the vehicle due to not wearing a seatbelt, insurers may argue the injury was partly their fault. However, this depends on the specific facts of the accident.
Practical Steps and Evidence for Claimants
To support a CTP claim involving seatbelt non-use, claimants should:
- Document seatbelt use or non-use: Provide evidence such as:
- Witness statements about seatbelt use
- Vehicle camera footage
- Statements from the driver or other passengers
- Police reports noting seatbelt status
- Gather medical evidence: Medical records must show how the injury relates to the accident. If the seatbelt failure directly contributed to the injury, this must be clearly documented.
- Preserve accident details: Include:
- Police report number
- Photographs of the accident scene
- Statements from witnesses
- Information about vehicle conditions (e.g., seatbelt functionality)
Insurers may challenge claims by arguing the seatbelt non-use was a significant factor. Claimants should ensure their evidence demonstrates that the injury would have occurred regardless of seatbelt use.
Time Limits and Dispute Resolution
CTP claims in NSW have strict time limits. A claim must be submitted within 12 months of the accident, and benefits must be claimed within 52 weeks if only threshold injuries are involved. Delays can result in lost entitlements.
If insurers dispute liability, claimants may need to:
- Request a review of the insurer’s assessment
- Seek mediation through the NSW Civil and Administrative Tribunal (NCAT)
- Consult a legal professional to challenge the decision
Disputes often hinge on whether the seatbelt non-use was a ‘contributory fault’ under the Motor Accident Injuries Act 2017 s 4.4. Insurers must prove this fault outweighs the driver’s responsibility.
When to Seek Legal Advice
Claimants should seek legal advice if:
- The insurer denies liability based on seatbelt non-use
- The injury is severe and the claimant fears their contribution is being overemphasized
- The accident date is before 1 January 2020 (when CTP rules changed)
A solicitor can help navigate the legal complexities, ensure all evidence is properly submitted, and challenge unfair liability assessments.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.