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).
Vehicle modifications such as hand controls or mobility aids can significantly affect a person’s ability to return to daily activities after a motor accident. In New South Wales, the Compulsory Third Party (CTP) scheme determines what support is available for injured drivers, passengers, or pedestrians. This article explains how vehicle modifications are assessed under the NSW CTP rules, the evidence needed to support claims, and when to seek legal advice.
How Vehicle Modifications Affect CTP Claims
Under the Motor Accident Injuries Act 2017, the New South Wales Motor Accident Claims Authority (SIRA) evaluates whether vehicle modifications are necessary to address injury-related daily activity limitations. For example, if an accident results in a spinal injury requiring hand controls to drive, the modification may be considered a 'treatment and care benefit' under the CTP scheme. SIRA assesses whether the modification is medically necessary and directly related to the injury, not just a convenience.
Evidence to Support Claims Involving Modifications
To claim compensation for vehicle modifications, injured persons must provide evidence that:
- The modification was recommended by a medical practitioner
- The modification enables the person to perform daily activities they otherwise could not
- The modification is compatible with the vehicle’s design and safety standards
Documents such as medical reports, modification cost estimates, and a vehicle inspection report are critical. For instance, a driver who needs a footrest to operate the pedals must show how this modification allows them to work or manage household tasks.
SIRA’s Approach to Assessing Modifications
SIRA uses the Motor Accident Guidelines to determine whether a modification qualifies as a 'treatment and care benefit.' This includes assessing whether the modification addresses a 'threshold injury', an injury that results in a 10% or greater whole person impairment. If the modification is deemed necessary for rehabilitation, it may be funded through the CTP scheme. However, modifications that are not medically necessary or do not improve daily function are unlikely to be approved.
Time Limits and Dispute Resolution
Injured persons must notify their insurer of modifications within 52 weeks of the accident. If a claim is disputed, SIRA may request further medical evidence or an independent assessment. For example, if an insurer argues that a modification is not essential, the injured person may need to provide additional documentation from a specialist to support their case.
When to Seek Legal Advice
While SIRA handles most CTP claims, complex cases involving vehicle modifications may require legal assistance. A solicitor can help ensure all evidence is submitted correctly and that the claimant understands their rights under the CTP scheme. This is particularly important if the modification involves specialist equipment or if the injury impacts long-term daily activities.
Practical Example
Consider a cyclist who sustained a knee injury in a collision. After surgery, they require a custom-fitted hand control to operate a modified vehicle. Under the CTP scheme, the cyclist could claim the cost of the modification if it is shown to be necessary for returning to work. However, if the modification is not medically justified, the claim may be denied.
Next Steps
CTP claims involving vehicle modifications depend on the specific circumstances of the injury and the evidence provided. Time limits and procedural requirements mean it is important to act promptly. For tailored advice on your situation, complete the quick, no obligation enquiry form to request contact about your circumstances.