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 claim for Compensation for Injuries from a Motor Accident (CTP) may be affected. The New South Wales Personal Injury Commission (PIC) evaluates whether seatbelt non-use contributed to your injuries. This article explains what evidence the PIC requires, how seatbelt compliance impacts claims, and practical steps to support your case.
Key CTP Rules for Seatbelt Non-Use
Under the Motor Accident Injuries Act 2017, CTP claims are based on the principle that drivers and passengers must wear seatbelts. SIRA guidelines state that failure to wear a seatbelt may reduce compensation if it contributed to the injury. The PIC assesses whether the seatbelt non-use was a material factor in the harm. For example, if a passenger suffered a soft tissue injury but could have avoided it by wearing a seatbelt, the PIC may reduce benefits.
Evidence Required for Seatbelt Non-Use Claims
To support your claim, you must provide:
- Medical records showing the injury's nature and treatment
- Accident reports from the police or insurer
- Witness statements from others who saw you not wearing a seatbelt
- Photographs of the vehicle's seatbelt condition
- Driver or passenger testimony about seatbelt use
The PIC may also request a medical review to determine if the injury would have been prevented by seatbelt use. For instance, if a passenger suffered a whiplash injury but the medical report indicates the injury could have been mitigated by a seatbelt, the PIC may adjust the claim.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident if the only injuries are 'threshold injuries' (soft tissue injuries meeting specific criteria). If your claim involves more severe injuries, the 52-week rule does not apply. However, disputes over seatbelt non-use can delay benefits. If the PIC challenges your claim, you may need to:
- Submit additional medical evidence
- Request a review by the PIC's internal medical panel
- Seek legal advice if the PIC's decision is unsatisfactory
When to Seek Legal Advice
If the PIC disputes your claim or questions the role of seatbelt non-use, it is essential to consult a solicitor. A lawyer can help you:
- Gather and present evidence effectively
- Challenge the PIC's interpretation of medical records
- Navigate the formal review process
Example Scenario
Consider a passenger who was not wearing a seatbelt during a collision. The passenger suffered a soft tissue injury but the medical report indicates the injury could have been prevented by seatbelt use. The PIC may reduce the claim, as the injury is deemed 'contributory' to the passenger's failure to comply with safety rules.
Next Steps
CTP claims involving seatbelt non-use depend on the specific facts of your case. To request contact about your circumstances, complete the quick, no obligation enquiry form.