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 accident and did not wear a seatbelt, you may have questions about your right to claim compensation under NSW's Compulsory Third Party (CTP) scheme. This article explains the time limits for making a CTP claim, how seatbelt non-use affects claim viability, and steps to preserve your legal rights. The information applies to Greater Sydney and is based on current NSW law.
Time Limits for CTP Claims
Under the Motor Accident Injuries Act 2017 (MAIA), the general time limit for making a CTP claim is three years from the date of the accident. This applies to all injured parties, including passengers. However, the seatbelt issue may influence the claim's validity. If the passenger failed to wear a seatbelt, this could be considered a contributory factor under the Spinal Injury Guidelines. For example, if the injury is classified as a 'threshold injury' (a minor soft-tissue injury), the claim may be limited to 52 weeks of weekly benefits. Seatbelt non-use could also affect the assessment of whole-person impairment, potentially reducing the amount of compensation available.
How Seatbelt Non-Use Impacts Claims
NSW law requires passengers to wear seatbelts for safety. If a passenger did not wear a seatbelt, this could be seen as a failure to take reasonable care, which might reduce the claimant's compensation under the contributory negligence principle. For instance, if the passenger's injuries were worsened by not wearing a seatbelt, the court may allocate a portion of the blame to the passenger. This could result in a lower damages award or the claim being rejected altogether. The Motor Accident Guidelines provide specific criteria for assessing injuries, and seatbelt non-use may be used to challenge the severity of the injuries.
Practical Steps to Preserve Your Claim
To protect your CTP claim, take the following steps immediately after the accident:
- Seek medical attention to document injuries. A medical report is essential for proving the extent of the injuries.
- Preserve evidence such as the accident report, photographs of the scene, and witness statements. Seatbelt non-use should be noted in the medical records.
- Notify the at-fault driver's insurer as soon as possible. Delays could jeopardize your right to claim.
- Keep records of income loss if you missed work due to injuries. This supports claims for weekly income payments.
When to Seek Legal Advice
If the accident occurred more than three years ago, you may have missed the time limit for a CTP claim. However, exceptions exist for claims involving lifetime care needs or interstate accidents. If you're unsure about the impact of seatbelt non-use on your claim, consult a legal professional. They can assess whether your injuries meet the threshold for compensation and whether the seatbelt issue affects your case.
Example Scenario
Consider a passenger who was not wearing a seatbelt during a collision. The passenger sustained a soft-tissue injury but no spinal damage. Under the MAIA, the claim would be limited to 52 weeks of weekly benefits. If the passenger later developed chronic pain, the claim might be rejected as the injury does not meet the threshold for long-term compensation. This highlights the importance of timely medical documentation and legal advice.
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