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).
In New South Wales, injured people involved in motor accidents may be eligible to claim home modifications as part of their Compulsory Third Party (CTP) compensation. This includes adjustments like ramps, handrails, or bathroom adaptations to improve accessibility. The process is governed by the Motor Accident Injuries Act 2017 and administered by the State Insurance Regulatory Authority (SIRA). This article explains how to claim home modifications, what evidence is needed, and key considerations for injured people in NSW.
Can I Claim Home Modifications Under NSW CTP Laws?
Yes, under the Motor Accident Injuries Act 2017, injured people may claim home modifications if they are necessary due to a serious injury. SIRA’s guidelines state that modifications must be directly related to the injury and required to enable the person to live independently. For example, a spinal injury that limits mobility may justify a ramp installation. However, claims are limited to injuries meeting the 'threshold injury' criteria under the Act, which includes serious soft tissue injuries or neurological damage.
What Evidence Is Needed for a Home Modification Claim?
To support a claim, injured people must provide:
- Medical evidence showing the injury’s impact on daily living (e.g., a doctor’s report detailing mobility limitations)
- Documentation of the modification’s necessity (e.g., a physiotherapist’s assessment of how the change improves independence)
- Proof of ownership of the property where the modification will be made
- A completed SIRA application form for home modifications
SIRA assesses claims based on the injury’s severity and the modification’s direct link to the accident. For instance, a broken leg requiring a wheelchair may necessitate bathroom adaptations, but a minor sprain would not qualify.
How Does SIRA Assess Home Modification Claims?
SIRA evaluates claims using the Motor Accident Guidelines, which define 'threshold injury' as an injury requiring treatment by a medical practitioner and resulting in a whole person impairment of 10% or more. For home modifications, the authority also considers:
- Whether the modification is reasonably necessary to prevent injury recurrence or improve safety
- Whether the modification enables independent living or reduces reliance on others
- Whether the modification is cost-effective and meets standard accessibility requirements
Claims are typically reviewed within 28 days of submission, though delays may occur if additional information is required.
Time Limits for Requesting Home Modifications
Injured people must request home modifications within the overall claim period for their CTP claim. While the Act does not specify a separate deadline for modifications, claims must generally be made within 52 weeks of the accident for injuries meeting the threshold criteria. For non-threshold injuries (e.g., minor whiplash), claims may be limited to 26 weeks. Delays beyond these periods could result in reduced eligibility.
Practical Steps for Injured People
- Seek medical attention immediately after the accident to document the injury’s impact
- Consult a medical practitioner to assess how the injury affects daily activities
- Submit a SIRA application for home modifications within the claim period
- Provide detailed evidence of the modification’s necessity and cost
- Monitor SIRA’s response and request additional information if needed
When to Seek Legal Advice
Injured people should consider consulting a legal professional if:
- The insurer denies the claim without a clear explanation
- The injury meets the threshold criteria but the claim is rejected
- There are disputes over the modification’s cost or necessity
- The claim is approaching the 52-week deadline
Legal advice can help ensure all requirements are met and that the claim is processed fairly.
Next Steps
Time limits and procedural requirements can significantly affect the outcome of a home modification claim. To request contact about your circumstances, complete the quick, no obligation enquiry form.