How vehicle modifications affect NSW CTP claim eligibility
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 vehicle accident and use vehicle modifications like hand controls or adaptive equipment, you may have questions about whether you're eligible for compensation under NSW's Compulsory Third Party (CTP) scheme. The answer depends on the nature of your injury, the type of modification, and how the modification relates to your accident. This article explains how SIRA guidelines assess claims involving modified vehicles and outlines practical steps to take.
Key CTP rules for modified vehicles
Under the Motor Accident Injuries Act 2017 (MAIA), the NSW CTP scheme covers injuries caused by motor vehicle accidents, regardless of fault. However, eligibility for benefits depends on whether your injury meets the scheme's criteria. For modified vehicles, SIRA considers:
- Whether the modification was made to assist with a pre-existing injury or disability
- Whether the modification directly contributed to the accident or injury
- Whether the modification affects your ability to operate the vehicle safely
SIRA's guidelines state that modifications designed to improve safety or mobility are generally acceptable, but they must not have contributed to the accident. For example, if a hand control modification caused a mechanical failure leading to the crash, this could affect eligibility.
Evidence to support your claim
To establish eligibility, you'll need to provide:
- Medical documentation showing how the modification relates to your injury
- Proof of the modification's installation date and purpose
- Accident reports detailing how the modification was used during the incident
- Statements from medical practitioners or mobility experts
If your claim involves a vehicle with modifications, it's important to preserve all records. SIRA may request an independent assessment of the modification's impact on the accident.
Time limits and dispute resolution
You have 52 weeks from the accident date to claim weekly benefits for threshold injuries. If your injury is not a threshold injury, you may be eligible for longer-term payments. However, claims involving modified vehicles may face additional scrutiny, and SIRA may request further evidence.
If your claim is disputed, you can apply to the NSW Civil and Administrative Tribunal (NCAT) for a review. The tribunal will assess whether the modification affected the accident or injury in a way that impacts your eligibility.
When to seek legal advice
Claims involving modified vehicles can be complex, especially if the modification's role in the accident is unclear. A solicitor can help you:
- Navigate SIRA's assessment process
- Challenge decisions that unfairly limit your benefits
- Ensure all evidence is properly documented
If you're unsure whether your modification affects your claim, it's best to consult a legal professional before making any decisions.
Next steps
CTP scheme eligibility for modified vehicles depends on the specific circumstances of your accident and injury. While SIRA provides guidelines, the outcome often hinges on how the modification relates to the incident. To request contact about your circumstances, complete the quick, no obligation enquiry form.