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).
The 2017 reforms to NSW Compulsory Third Party (CTP) motor accident compensation introduced significant changes to how vehicle modifications are assessed in claims. For Armidale residents with disabilities requiring hand controls, ramps, or other vehicle aids, these reforms altered the process for claiming compensation for modifications. This article explains the key legal changes, how insurers evaluate modified vehicles, and what evidence is needed to support your claim.
What Changed in the 2017 CTP Reforms?
- The 2017 reforms shifted the focus from the
- type* of modification to its
- necessity* for the injured person’s recovery. Under the Motor Accident Injuries Act 2017, insurers must now assess whether a modification is 'reasonably necessary' to enable the injured person to perform daily activities. This replaces the previous approach of categorising modifications as 'standard' or 'non-standard'.
For example, a hand control aid installed after a spinal injury would now be evaluated based on its role in enabling mobility, not whether it was pre-existing. The reforms also clarify that modifications must be 'reasonably necessary' at the time of the accident, not just at the time of the claim.
How Insurers Assess Modified Vehicles in Armidale
Insurers in NSW, including Armidale, now use the Motor Accident Guidelines to determine the 'reasonably necessary' threshold. Key factors include:
- Medical evidence showing the modification is essential for daily living
- Evidence the modification was installed
- before* the accident (if applicable)
- Whether the modification was recommended by a medical practitioner
- The modification’s cost and whether it aligns with standard medical practice
Insurers may also consider whether the modification was installed as a result of a pre-existing condition, which could affect the claim’s eligibility.
Documentation Needed for CTP Claims Involving Modifications
To support your claim, you must provide:
- A detailed medical report explaining the need for the modification
- Proof of the modification’s installation date (e.g., receipts, invoices)
- Evidence the modification was recommended by a medical practitioner
- Any correspondence with the insurer regarding the modification
If your modification was installed before the accident, you may need to demonstrate that it was not used prior to the incident. This is critical as the 2017 reforms prioritise the modification’s necessity at the time of the accident.
Hypothetical Example: Hand Controls After a Spinal Injury
Consider a scenario where a driver in Armidale sustains a spinal injury and requires hand controls to drive. Under the 2017 reforms, the insurer would assess whether the hand controls are 'reasonably necessary' to enable the driver to operate a vehicle safely. If the modification was recommended by a medical practitioner and installed within 52 weeks of the accident, it would likely qualify for compensation.
Time Limits and When to Seek Advice
CTP claims must be submitted within 52 weeks of the accident. If your modification was installed after this period, you may need to seek legal advice to explore alternative options. Delays in submitting evidence could result in your claim being denied, even if the modification is 'reasonably necessary'.
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.