Understanding CTP Claims Involving Vehicle Modifications
If you sustained an injury during or after using a vehicle modified for a disability, you may be eligible for compensation under the NSW Compulsory Third Party (CTP) scheme. This includes injuries resulting from the use of hand controls, adapted steering systems, or other vehicle aids. The Motor Accident Injuries Act 2017 (MAIA) governs CTP claims in New South Wales, including those involving modifications made to accommodate a pre-existing or accident-related impairment. The law does not prevent a claim simply because a vehicle was modified, but it does require clear evidence linking the injury to the motor accident, not to the modification itself.
What Documentation Supports a CTP Claim
To establish entitlement to CTP benefits, you must provide evidence that the injury occurred during a motor accident and that the vehicle modification did not cause or significantly contribute to the injury. The following documents are typically required:
- A medical report from your treating practitioner detailing the nature, cause, and impact of your injury. The report must confirm that the injury arose from the motor accident, not from the use of the modification.
- A record of the vehicle modification, including a certificate from a registered vehicle modification provider. This should detail the type of modification, when it was installed, and that it was performed in accordance with Australian Design Rules.
- A written statement from the vehicle modification provider confirming that the modification was not the cause of the injury and that it was properly fitted and maintained.
- Photographs of the vehicle modification, including close-ups of the control system, and any visible damage to the vehicle following the accident.
- A police report or accident scene report, if available, which notes the vehicle’s condition and any abnormalities at the time of the crash.
- A statement from a witness who observed the accident and can confirm the vehicle’s operation prior to impact.
- A copy of your CTP insurance policy (green slip) and any correspondence with the insurer.
How SIRA Assesses Injury Claims Involving Modifications
The State Insurance Regulatory Authority (SIRA) administers the CTP scheme in NSW and applies the Motor Accident Injuries Regulation 2017 and the Motor Accident Guidelines to assess claims. SIRA will review whether the injury was caused by the motor accident and not by a defect in the modification or improper use of the adapted vehicle.
If the modification was made to accommodate a pre-existing disability, SIRA will assess whether the injury was a direct result of the accident, not a deterioration of the pre-existing condition. The medical evidence must clearly distinguish between injuries sustained in the accident and those that may have been exacerbated by the modification.
Time Limits and Procedural Requirements
You must notify your insurer of the claim within 6 months of the accident, or within 12 months if the injury was not immediately apparent. Failure to meet this deadline may prevent you from claiming benefits, unless a court orders otherwise.
If the insurer disputes your claim, you may request a review under the MAIA. You can also apply to the Civil and Administrative Tribunal (NCAT) for a determination on the claim. The tribunal may order a medical assessment or review the modification documentation if there is a dispute about causation.
When to Seek Legal Advice
A claim involving vehicle modifications may be complex, particularly if the modification was made before the accident or if there is uncertainty about whether the injury was caused by the accident or by the use of the adapted vehicle. You should seek independent advice if:
- The insurer denies the claim on the grounds that the modification caused the injury.
- You were using the modification at the time of the accident and the injury occurred during its operation.
- The medical evidence is unclear about the cause of the injury.
- You have a history of similar injuries or pre-existing conditions that may affect the claim.
Hypothetical Example
A person with a spinal cord injury used a vehicle with hand controls to drive to work. During a collision with another vehicle, they sustained a new back injury. The medical report confirmed that the injury was not caused by the hand controls, but by the impact of the crash. The modification provider submitted a certificate confirming the hand controls were functioning correctly at the time of the accident. The claim was accepted under CTP, and the person received treatment and care benefits.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.