Vehicle Modifications, What Changed After 2017 Reforms in Ballina NSW
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 disabling injury in a motor vehicle accident in Ballina and need vehicle modifications like hand controls or mobility aids, the 2017 NSW CTP reforms have changed how your claim is assessed. This article explains the key changes to vehicle modification claims under the Motor Accident Injuries Act 2017 and what Ballina residents should know.
Key Changes to Vehicle Modification Claims Post-2017 Reforms
The 2017 reforms shifted the focus of CTP claims from common law damages to statutory benefits, with specific rules for vehicle modifications. Under the new framework:
- Modifications must be for mobility, not comfort: SIRA now requires claimants to prove the modification was necessary to maintain mobility after an injury. For example, hand controls must be shown to enable safe driving, not just improve comfort.
- Medical evidence is critical: You’ll need a medical practitioner’s report confirming the modification’s necessity. This includes details like the injury’s impact on mobility, the modification’s purpose, and its direct link to the accident.
- No automatic entitlement to modifications: Unlike pre-2017 claims, you cannot assume modifications are automatically covered. SIRA assesses each case based on the injury’s severity and the modification’s medical necessity.
How the Reforms Affect Ballina Residents
Ballina residents with vehicle modifications claims must now meet stricter criteria. For example, if your injury resulted in a threshold injury (a soft tissue injury meeting the Motor Accident Guidelines), your claim for modifications may be limited. The reforms also mean your claim must demonstrate that the modification was essential to prevent further disability.
Documentation Needed for CTP Claims Involving Modifications
To support your claim, gather:
- Medical records: Include reports from your treating practitioner explaining the injury’s impact on mobility.
- Modification details: Provide documentation from the installer or manufacturer about the modification’s purpose and design.
- Accident report: Evidence linking the injury to the accident, such as police reports or witness statements.
- Income and expenses: If the modification affects your ability to work, include records of lost income or additional costs.
Practical Steps and Time Limits
You must notify your insurer within 52 weeks of the accident. If your claim involves modifications, start gathering medical evidence immediately. SIRA may request additional information, so act quickly to avoid delays.
When to Seek Legal Advice
If your claim is denied or you’re unsure about your options, contact a legal professional. The reforms have created new complexities, and an experienced solicitor can help you navigate the process.
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.