Qualifications and Exclusion of Benefits
Qualification for Benefits
To qualify for benefits you must:
- Be involved motor vehicle accident that occurred in the NT or involved an NT registered vehicle if interstate. You can be a driver, passenger, cyclist or pedestrian.
Exclusion of Benefits
Exclusions which impact on benefits for Loss of Earning Capacity and Permanent Impairment:
You may not be eligible or may receive reduced benefits for loss of earning capacity, or permanent impairment compensation, if you were driving the motor vehicle:
- under the influence of alcohol or drugs. (Passengers injured in the accident are still entitled to these benefits)
- were found guilty of manslaughter, dangerous driving, or an offence that was intentional, reckless or criminally negligent that caused harm or endangered the life or safety of another person
- taking part in a race, competition or trial at the time of the accident
- were engaged in conduct that created a substantial risk of injury to the injured person or you recklessly ignored the risk
- without ever having held a driving licence for the class of vehicle involved or where their licence is cancelled or suspended
- that has been unregistered for a period of at least 3 months, or the injured person is the owner / driver and was aware that the vehicle was unregistered
Partial Exclusions from Benefits:
Benefit entitlements (expect for Medical & Rehabilitation services) will be reduced by 25% in the event a person is injured or dies as a result of a motor accident where they fail to wear a seatbelt or safety helmet as required under the Traffic Act (NT) or other relevant jurisdiction or corresponding law.
If a person is injured or dies from a motor vehicle accident and is insured under a policy of insurance or entitled to compensation under a compensation scheme (other than workers' compensation), any benefits payable will be reduced by the amount of their insurance / compensation entitlement.
Exclusion for All Benefits:
There is no entitlement to benefits where the injured person was:
- using a vehicle in the course of committing a serious crime
- using a vehicle without the consent of the owner
- using a vehicle whilst resisting lawful apprehension or fleeing the scene of an accident
- using a vehicle whilst attempting to inflict death or serious injury on themselves or other people
- eligible for compensation under a workers' compensation scheme
During the Course of Employment:
If you are injured in a motor vehicle accident during the course of your employment, you may have a claim under the Work Health Act (NT).