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).
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 in Armidale and did not wear a seatbelt, your claim for Compulsory Third Party (CTP) compensation may be affected. NSW law considers seatbelt use as a factor in determining claim outcomes, particularly when assessing treatment and rehabilitation needs. This article explains how seatbelt non-use impacts CTP claims, what evidence matters, and how SIRA evaluates your case.
How Seatbelt Non-Use Affects CTP Claims
Under NSW CTP rules, failure to wear a seatbelt can reduce the amount of compensation available. SIRA’s guidelines state that injuries sustained without seatbelt protection may be deemed less severe or more self-inflicted, potentially limiting benefits. For example, if a passenger’s injuries are partly due to not wearing a seatbelt, the claim may be adjusted to reflect this.
The Motor Accident Injuries Act 2017 (s 4.4) also limits benefits for 'threshold injuries', injuries that meet a specific severity level, after 52 weeks. If seatbelt non-use contributed to a threshold injury, your claim for ongoing treatment or income loss may be restricted.
Rehabilitation Planning and Evidence
When assessing treatment and rehabilitation, SIRA considers whether the injury could have been prevented or mitigated by seatbelt use. Medical records must clearly link your injuries to the accident, not pre-existing conditions or failure to wear a seatbelt. Rehabilitation plans should detail how your treatment addresses the specific injuries caused by the accident, not general recovery.
Key evidence includes: medical reports confirming seatbelt non-use worsened injuries, accident reports showing seatbelt status, and witness statements. If your injuries required prolonged rehabilitation, documentation of treatment milestones and medical opinions about long-term needs are critical.
Time Limits and When to Seek Advice
CTP claims must be submitted within 52 weeks of the accident (s 3.28). If your injuries are threshold injuries, benefits stop after 52 weeks unless you have a 'whole person impairment' of 10% or more. Delaying claims or failing to document seatbelt non-use could reduce your entitlements.
If your case involves complex rehabilitation planning or disputes over injury causation, seek legal advice promptly. SIRA’s assessment of seatbelt non-use can significantly affect your claim’s outcome, especially in Armidale where local medical professionals may have specific protocols.
Practical Example
Consider a passenger who suffered whiplash after a rear-end collision. If they did not wear a seatbelt, their injuries may have been more severe than they would have been. SIRA might limit treatment benefits, arguing the injury could have been lessened by seatbelt use. Medical evidence must prove the seatbelt’s absence directly contributed to the injury.
Next Steps
CTP claims depend on the accident date, injury type, and evidence of seatbelt non-use. If your case involves rehabilitation planning or disputes over claim eligibility, contact a legal professional to review your circumstances. Time limits apply, so act promptly to protect your rights.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.