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 vehicle accident and did not wear a seatbelt, your treatment and rehabilitation planning may be affected under NSW’s Compulsory Third Party (CTP) scheme. Seatbelt non-use can impact how treatment costs are assessed and whether rehabilitation services are covered. This article explains how SIRA evaluates these claims in regional NSW and outlines practical steps to support your case.
How Seatbelt Non-Use Affects CTP Claims
Under NSW law, failing to wear a seatbelt may reduce the amount of compensation you can claim. SIRA’s guidelines state that treatment and rehabilitation planning must account for the passenger’s failure to use safety restraints. For example, if a passenger’s injuries are partly due to not wearing a seatbelt, the treatment plan must reflect this factor.
SIRA assesses whether the seatbelt non-use contributed to the injury. If the injury would have been less severe with a seatbelt, the claim may be adjusted. This applies even in regional NSW, where access to medical services or rehabilitation options might differ from urban areas.
Practical Steps for Treatment Planning
To support your claim, gather evidence showing:
- Medical records detailing how the seatbelt non-use affected your injuries
- Rehabilitation plans tailored to your specific condition
- Evidence of treatment costs, including specialist consultations and therapy sessions
In regional NSW, ensure your treatment provider documents how the injury impacts daily activities, such as mobility or work capacity. This helps SIRA understand the full scope of your rehabilitation needs.
Time Limits and Dispute Resolution
You have 52 weeks from the accident date to claim treatment and care benefits under the CTP scheme. After this period, weekly payments and treatment benefits may be limited unless you have a threshold injury (as defined by SIRA guidelines).
If your claim is disputed, you may need to request a review by SIRA or seek independent medical opinion. In regional areas, consider consulting a solicitor familiar with NSW’s CTP rules to ensure your case meets all requirements.
Example Scenario
Consider a passenger who suffered whiplash after a collision. If the passenger was not wearing a seatbelt, the treatment plan might include additional physiotherapy to address delayed recovery. SIRA would assess whether the seatbelt failure contributed to prolonged treatment, potentially affecting the total compensation.
When to Seek Legal Advice
CTP claims involving seatbelt non-use can be complex, especially in regional NSW where access to legal resources may be limited. A solicitor can help you:
- Navigate SIRA’s specific requirements for seatbelt-related claims
- Challenge disputes over treatment costs or rehabilitation plans
- Ensure all evidence is properly documented and submitted
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. To request contact about your circumstances, complete the quick, no obligation enquiry form.