Vehicle Modifications and CTP Reforms: What Changed in Western Sydney
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 been injured in a motor accident and rely on vehicle modifications like hand controls or mobility aids, the 2017 NSW CTP reforms have significantly altered how your claim is assessed. This article explains the key changes to vehicle modification rules under the current CTP scheme, focusing on how these reforms impact injury compensation in Western Sydney.
NSW CTP Rules Behind Vehicle Modification Claims
Under the Motor Accident Injuries Act 2017, vehicle modifications are treated as part of the injured person’s ‘injury’ for compensation purposes. This means modifications like hand controls, ramps, or adapted seating are no longer considered separate benefits but are instead integrated into the overall injury assessment. The reforms clarify that such modifications must be directly related to the accident and medically necessary to qualify for compensation.
SIRA’s updated guidelines (as of 2023) state that vehicle modifications must meet specific criteria to be included in a claim. For example, a hand control device must be prescribed by a medical practitioner and directly linked to the injury caused by the accident. This change ensures that only modifications with a clear medical basis are compensated, reducing the scope of what can be claimed.
Practical Steps and Evidence for Vehicle Modification Claims
To support a vehicle modification claim, you must provide:
- Medical evidence confirming the modification is necessary due to the injury
- Proof of the modification’s cost (e.g., receipts, invoices)
- Documentation linking the modification to the specific accident (e.g., medical reports, accident statements)
- Evidence that the modification was not in place before the accident
For instance, if you installed a ramp after a 2022 collision, you must show the ramp was not used prior to the accident and was prescribed following your injury assessment. This ensures the modification is directly tied to the accident rather than pre-existing conditions.
Time Limits and Dispute Resolution
Claims must be submitted within 52 weeks of the accident under the current scheme. However, if a modification was installed after this period, you may need to provide additional evidence to justify the delay. Disputes over vehicle modifications often hinge on whether the modification meets the ‘threshold injury’ criteria under the Motor Accident Guidelines.
If your claim is disputed, you can request a review by the NSW Civil and Administrative Tribunal (NCAT). SIRA’s 2023 guidelines emphasize that modifications must be ‘reasonably necessary’ and ‘directly related’ to the injury, which can be a complex legal test. Seeking independent medical or legal advice is strongly recommended in such cases.
A Hypothetical Example
Consider a cyclist injured in a 2024 Western Sydney collision. They later install a hand control device to operate their car. Under the 2017 reforms, the hand control would be assessed as part of the cyclist’s injury, not as a separate benefit. However, if the cyclist had already used a hand control before the accident, the modification would not qualify. This example highlights how the reforms tie modifications directly to the injury’s cause and timing.
When to Seek Legal Advice
The 2017 reforms have narrowed the scope of what can be claimed for vehicle modifications. If your claim involves modifications installed after the accident, you must ensure they meet the updated criteria. Legal advice is particularly important if:
- Your modification was installed after the 52-week deadline
- You’re unsure if the modification qualifies as ‘threshold injury’
- Your claim has been rejected or is under review
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. To understand how the 2017 reforms apply to your specific situation, complete the quick, no obligation enquiry form. A legal professional can assess whether your vehicle modifications meet the current criteria for compensation.