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've suffered a serious injury in a motor vehicle accident in regional NSW and need home modifications to regain independence, understanding your rights under the NSW Compulsory Third Party (CTP) scheme is critical. This article explains how to claim home modifications under the Motor Accident Injuries Act 2017, the practical steps to take immediately after an accident, and how regional access challenges may affect your claim.
How CTP Home Modifications Work in NSW
- Under the NSW CTP scheme, injured road users may claim home modifications to address permanent mobility or accessibility needs caused by a serious injury. This includes ramps, handrails, stair lifts, and other adaptations that enable you to live safely at home. The
- Motor Accident Injuries Act 2017* and
- SIRA guidelines* define 'serious injury' as a condition that significantly impacts your ability to perform daily activities, such as walking, standing, or transferring.
SIRA (State Insurance Regulatory Authority) administers CTP claims and evaluates whether home modifications are 'reasonably necessary' based on medical evidence. For example, a spinal injury causing partial paralysis may qualify for a ramp installation, while a minor soft-tissue injury would not. The key is demonstrating that the modification directly addresses your injury's long-term effects.
Early Steps After a Serious Injury
- Seek immediate medical attention to document your injury. A specialist report from a physiotherapist or occupational therapist is essential to prove your need for home modifications. For instance, a doctor may note that your injury prevents you from using stairs safely.
- Preserve evidence of your injury's impact. Keep records of how your injury affects your daily life, such as difficulty cooking, bathing, or moving around your home. A diary or video log of your challenges can support your claim.
- Contact your insurer or SIRA within 52 weeks of the accident. While there's no strict deadline, delays may reduce your chances of securing modifications. Regional NSW claimants should note that SIRA may take longer to process claims due to limited local offices.
Regional NSW Considerations
In regional areas, injured road users may face unique barriers, such as limited access to specialist medical services or transport to urban SIRA offices. For example, a cyclist injured in a car accident in a remote town may need a home ramp but lack local physiotherapists to assess their condition. In such cases, SIRA may require additional documentation, like a telehealth consultation or a letter from a specialist in a major city.
Disputes and When to Seek Advice
If your claim is denied, you can request a review by SIRA or seek independent medical opinion. However, regional claimants may need to travel to Sydney for specialist assessments, which can be costly and time-consuming. It's crucial to act quickly, as delays may jeopardize your ability to claim modifications.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.