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 suffered a disabling injury in a motor vehicle accident and need vehicle modifications like hand controls or mobility aids, you may be eligible for compensation under NSW's Compulsory Third Party (CTP) scheme. This article explains what evidence you should keep to support your claim, how SIRA evaluates vehicle modifications, and the legal limits of what counts as admissible documentation. The information applies specifically to claims in Auburn and under the current Motor Accident Injuries Act 2017 framework.
What Evidence Proves Vehicle Modifications in CTP Claims
To claim compensation for vehicle modifications, you must demonstrate a direct link between your injury and the modifications. SIRA requires:
- Medical evidence showing a disabling injury preventing safe vehicle operation (e.g., spinal cord injury, stroke, or amputation)
- Documentation of modifications like hand controls, voice-activated systems, or wheelchair ramps
- Evidence of necessity showing how the modification enables safe driving or mobility
For example, if you need a hand control device after a spinal injury, your doctor's report must explicitly state that your injury prevents safe driving. Keep all medical records, including scans, therapy notes, and specialist reports.
How to Document Vehicle Modifications for CTP Claims
Record the following to prove your modifications are essential:
- Photos or videos of the modification installed (e.g., hand control device, lowered seat)
- Receipts or invoices from installers or manufacturers
- Vehicle inspection reports showing modifications were made to your car
- Statements from medical professionals confirming your injury requires the modification
If you're using a mobility aid like a wheelchair ramp, keep records of the installation date, cost, and how it enables you to use your vehicle. SIRA may also request a report from a vocational rehabilitation specialist.
Role of Vehicle Modifications in Determining Compensation
Vehicle modifications are considered under the 'treatment and care benefits' section of the CTP scheme. SIRA assesses whether the modification:
- Is necessary due to a threshold injury (as defined in the Motor Accident Guidelines)
- Enables you to operate a vehicle safely
- Was not a pre-existing modification
For example, if you had a hand control device before the accident, SIRA may reject the claim. However, if the modification was installed after the accident to address a new injury, it may be eligible. Keep records showing the modification was made post-accident.
How SIRA Assesses Evidence of Vehicle Modifications
SIRA evaluates evidence based on medical reports and the necessity of the modification. Key considerations include:
- Clinical evidence from medical practitioners confirming the injury
- Functional assessment showing how the modification improves safety
- Cost justification for the modification (e.g., medical necessity, not convenience)
In one case, a cyclist who needed a hand control device after a head injury provided medical reports showing balance issues and a specialist's opinion that driving was unsafe. SIRA approved the modification as necessary. Keep all such documentation to support your case.
Time Limits and When to Seek Advice
CTP claims must be submitted within 52 weeks of the accident for threshold injuries. If your injury is not a threshold injury, there's no strict time limit, but delays may reduce compensation. Seek legal advice immediately if:
- You're unsure if your injury meets the threshold criteria
- Your modification was made before the accident
- You're facing a dispute with the insurer
A solicitor can help you understand how SIRA evaluates your specific circumstances. Remember, every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.
Practical Steps to Take Now
- Collect all medical records showing your injury and how it affects vehicle use
- Document the modification with photos, receipts, and installation dates
- Keep communication records with insurers and medical professionals
- Seek a vocational assessment if you're unsure about your eligibility
By gathering this evidence, you'll be better positioned to demonstrate the necessity of your vehicle modifications under the CTP scheme. If you're in Auburn and need help navigating this process, contact LegalAdvice.com.au for assistance.
Next Steps for Claimants
If you're unsure whether your vehicle modifications qualify for compensation, start by reviewing the evidence you have. SIRA's guidelines are clear that modifications must be directly related to a disabling injury. If you need help understanding how your specific circumstances fit within the CTP framework, complete the quick, no obligation enquiry form. Every claim depends on its own facts, and the evidence you keep now will be critical to your case.