Vehicle Modifications and CTP Claims in NSW: What Changed After 2017
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's Compulsory Third Party (CTP) scheme introduced significant changes to how vehicle modifications are assessed in claims. Under the new Motor Accident Injuries Act 2017 (MAIA), modifications such as hand controls, ramps, or adaptive driving aids are now explicitly considered when determining compensation for injured drivers. This shift impacts how claimants prove the necessity of modifications and how they affect compensation calculations.
How the 2017 Reforms Changed CTP Claims
Before 2017, vehicle modifications were rarely factored into CTP claims. The reforms now require claimants to demonstrate that modifications are essential due to a disabling injury. For example, a driver who sustained a spinal injury and requires hand controls to drive must provide medical evidence linking the injury to the need for the modification. This change aligns with the Motor Accident Guidelines, which now explicitly address the assessment of vehicle modifications as part of the 'whole person impairment' test.
The reforms also clarify that modifications are not limited to standard equipment. For instance, a driver who needs a customised seat or a voice-activated control system may now claim compensation for these adjustments, provided they are medically necessary. This expands the scope of what qualifies as a 'reasonable modification' under the CTP scheme.
Evidence Required for Vehicle Modifications
To support a claim involving vehicle modifications, injured drivers must provide:
- Medical documentation confirming the injury and its impact on mobility.
- Proof of the modification (e.g., receipts, manufacturer details, or a vehicle inspection report).
- Evidence of necessity showing the modification enables the driver to operate the vehicle safely or perform daily tasks.
- Expert opinion from a medical practitioner or occupational therapist, if required to assess the modification's role in the driver's recovery.
For example, a driver who sustained a traumatic brain injury and requires a voice-activated control system must demonstrate that the modification is essential for safe driving. This evidence is critical to proving the modification's relevance to the claim.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident if the injury is classified as a 'threshold injury' (i.e., soft tissue injury with no permanent impairment). However, modifications that extend beyond this period may still be considered if they are directly linked to a disabling injury. Claimants should notify SIRA of modifications within this timeframe to avoid complications.
Disputes over the necessity of modifications are resolved through SIRA's assessment process. If a claimant disagrees with a decision, they may request a review or seek independent medical advice to challenge the assessment.
When to Seek Legal Advice
The 2017 reforms have created new complexities for claimants. For example, a driver who requires a vehicle modification after a 2020 accident may face different rules compared to someone injured in 2016. Legal advice is recommended to:
- Navigate the distinction between 'threshold injuries' and 'disabling injuries'.
- Challenge an insurer's refusal to cover a modification.
- Ensure all evidence is properly documented and submitted within time limits.
Practical Example
Consider a driver who sustained a spinal injury in a 2022 accident. Under the 2017 reforms, they can claim compensation for a hand control modification if medical evidence shows the injury prevents them from using standard controls. However, if the injury is classified as a threshold injury, the 52-week limit for certain benefits may apply, requiring the claimant to demonstrate that the modification is essential beyond this period.
Next Steps
The 2017 reforms have changed how vehicle modifications are assessed in NSW CTP claims. If you or a loved one has suffered a disabling injury and requires vehicle modifications, it is essential to gather all relevant evidence and understand how the reforms apply to your circumstances. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.