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've suffered a serious injury in a motor accident and need home modifications to recover, understanding what evidence to keep is crucial. Under New South Wales' Compulsory Third Party (CTP) scheme, you may claim compensation for home changes like ramps, handrails or mobility equipment. This article explains the evidence required, how to document your modifications and key considerations for NSW claims.
What Evidence Supports a Home Modifications Claim?
To claim compensation for home modifications under the CTP scheme, you must provide evidence that:
- The injury was caused by a motor accident
- The modification is directly related to your recovery
- The modification was necessary due to your injury
Key records include:
- Medical reports from doctors or physiotherapists confirming your injury and need for modifications
- Quotes or invoices from builders, contractors or mobility equipment suppliers
- Photos or diagrams of the modification before and after installation
- Witness statements from family, friends or professionals who saw the modification
- Before-and-after photos of your home showing the change
How to Document Home Modifications for CTP Claims
Documenting your modifications is essential. Start by:
- Keeping all receipts and invoices for the modification
- Photographing the modification from multiple angles
- Writing a detailed description of the change and its purpose
- Getting a medical professional to confirm the modification's necessity
- Maintaining a recovery journal to track how the modification helps your recovery
For example, if you need a ramp due to a spinal injury, your doctor should explain how the ramp enables you to move safely. Keep records of all communications with contractors and insurers.
SIRA Guidelines for Home Modifications Claims
The State Insurance Regulatory Authority (SIRA) oversees CTP claims in NSW. According to SIRA's guidelines, claims for home modifications must:
- Be directly related to a threshold injury (as defined in the Motor Accident Injuries Act 2017)
- Be necessary for recovery or daily living
- Be reasonable in cost and scope
SIRA advises claimants to provide detailed evidence of the modification's purpose and how it addresses your specific injury. This includes explaining how the modification improves your quality of life or enables independent living.
Time Limits and Dispute Resolution
You must notify your insurer of your claim within 52 weeks of the accident. If you're disputing a decision about your home modification claim, you can:
- Request a review from your insurer
- Seek mediation through SIRA's dispute resolution process
- Contact a legal professional if you need assistance with a formal dispute
It's important to act quickly. Delays in submitting evidence may reduce your chances of securing full compensation for your home modifications.
When to Seek Legal Advice
While many claims can be managed independently, it's wise to consult a legal professional if:
- Your claim is denied
- You're unsure about the value of your modification claim
- You need help navigating the CTP scheme's complex rules
A lawyer can help you understand your rights and ensure you meet all requirements for claiming compensation for your home modifications.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.