Understanding Vehicle Modifications in NSW CTP Claims
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 a motor accident has caused a disabling injury that affects your ability to drive, you may need vehicle modifications such as hand controls, steering knobs, or adapted seating. These changes are not merely convenience items, they are part of a broader support framework under the NSW Compulsory Third Party (CTP) insurance scheme. For caregivers and family members, these modifications can significantly affect daily life, mobility, and long-term care responsibilities. The Motor Accident Injuries Act 2017 (MAIA) provides for the cost of vehicle modifications if they are reasonably necessary to allow a person to drive again after an injury, and the claim must be made through the CTP insurer or the State Insurance Regulatory Authority (SIRA).
Legal Framework for Vehicle Modifications
Under the MAIA, a person who has suffered a motor accident injury may claim for reasonable and necessary vehicle modifications if they are required to drive again. The claim must demonstrate that the modification is directly related to the injury and is not a lifestyle choice. The SIRA guidelines state that modifications must be approved by a qualified medical practitioner or an accredited vehicle modification assessor. The insurer must consider whether the modification is clinically justified, safe, and appropriate for the individual’s physical and cognitive condition.
The cost of modifications is included in the treatment and care benefits under the CTP scheme. These benefits are available regardless of fault, but they are subject to the 52-week time limit if the injury is a threshold injury and no damages claim is pursued. If a damages claim is made, the cost of modifications may be included in the damages awarded, provided they are proven to be reasonable and necessary.
Caregiver and Family Considerations
Vehicle modifications often shift responsibility for transport and mobility from the injured person to a caregiver or family member. This can lead to increased time, emotional strain, and financial burden. For example, a parent may need to drive a child with a spinal injury to school and medical appointments. The CTP scheme does not provide direct compensation for caregiver time, but it may support the family through other benefits such as weekly income payments if the injured person is unable to work.
If the injured person is a child, the family may need to consider long-term modifications to the family vehicle, including installing a wheelchair ramp or a modified transfer seat. These changes are not automatically approved, they must be assessed by a medical professional and submitted to the insurer with supporting documentation. Families should also consider how modifications might affect the vehicle’s resale value or future use by other drivers.
Practical Steps and Evidence
To support a claim for vehicle modifications, you should gather the following evidence:
- A medical report from a treating practitioner confirming the injury and its impact on driving ability.
- A written assessment from an accredited vehicle modification assessor detailing the recommended modifications and their necessity.
- Quotations from licensed installers showing the cost of the modifications.
- A record of any prior attempts to drive safely without modifications, including any incidents or near-misses.
- Photographs of the vehicle before and after modifications.
These documents must be submitted to the CTP insurer as part of the claim. The insurer may request a review by an independent medical assessor if the need for modifications is disputed.
Time Limits and Dispute Resolution
There is no fixed deadline for submitting a claim for vehicle modifications, but it is important to notify the insurer as soon as possible after the accident. Delays may affect the approval process, particularly if the modification is needed urgently for rehabilitation or to maintain independence.
If the insurer refuses to approve a modification, you may request a review under the SIRA dispute resolution process. You can also apply to the Civil and Administrative Tribunal (NCAT) if the dispute remains unresolved. The SIRA website provides guidance on how to make a formal dispute application.
Hypothetical Example
A 42-year-old man sustained a spinal cord injury in a motor accident in Sydney. He previously drove a manual car but now has limited use of his lower limbs. His doctor recommends hand controls and a modified foot pedal. His wife, who previously did not drive, now takes him to medical appointments and work. The family submits a claim for the cost of the modifications through the CTP insurer. The insurer initially refuses, citing a lack of medical evidence. After the family provides a detailed report from a specialist neurologist and a quote from a licensed vehicle modification company, the insurer approves the claim. The family is able to install the equipment within six weeks, restoring the man’s ability to drive short distances and reducing the burden on his wife.
When to Seek Advice
Vehicle modifications involve complex medical, technical, and legal considerations. The impact on caregivers and family members can be significant, and the CTP scheme does not provide direct financial support for caregiving time. If you are a caregiver or family member supporting someone with a motor accident injury, it is important to understand your rights and responsibilities under the CTP scheme.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.