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 and require vehicle modifications to drive safely, you may be eligible for compensation under NSW's Compulsory Third Party (CTP) scheme. This article explains the specific evidence and records needed to support your claim, referencing the NSW Motor Accident Injuries Act 2017 and SIRA guidelines. It also covers legal boundaries for evidence requirements and practical steps to take.
What Evidence is Required for CTP Claims Involving Modified Vehicles?
To support a CTP claim involving vehicle modifications, you must provide evidence of:
- Medical documentation confirming your injury and the need for modifications (e.g., specialist reports, physiotherapy records, or a doctor's statement linking the injury to the modification needs).
- Vehicle modification records such as receipts, invoices, or quotes from a registered vehicle modification provider. These must show the modification was necessary due to your injury.
- Accident details including police reports, witness statements, and photographs of the scene. These help establish the injury's connection to the accident.
- Evidence of the modification's impact on your daily life, such as a report from a mobility specialist or a statement from a carer.
How SIRA Guidelines Address Documentation of Vehicle Modifications
SIRA's guidelines state that vehicle modifications must be directly related to a threshold injury (as defined under the Motor Accident Guidelines). For example, if you sustained a spinal nerve-root injury requiring hand controls, you must provide:
- A medical report confirming the neurological condition.
- Evidence that the modification (e.g., hand controls) was prescribed by a medical practitioner.
- Proof that the modification was made by a registered vehicle modification provider.
SIRA also requires that modifications be 'reasonably necessary' to enable you to drive safely. This means the modification must be standard for your injury type and not excessive.
Legal Boundaries for Evidence Requirements
Under the Motor Accident Injuries Act 2017, insurers must consider all evidence that supports a claimant's need for modifications. However, evidence must be:
- Relevant - directly connected to the injury and the modification.
- Sufficient - enough to establish a reasonable link between the accident and the modification needs.
- From a reliable source - such as a registered medical professional or a licensed vehicle modification provider.
Insurers may dispute claims if evidence is incomplete or not properly documented. For example, a claimant who only provides a general statement about needing hand controls without medical backing may face delays or rejection.
Practical Steps to Take
- Secure medical documentation immediately after the injury. Delaying can jeopardise your claim.
- Keep all modification records including invoices, quotes, and correspondence with providers.
- Document the accident with photos, witness statements, and police reports.
- Consult a mobility specialist to assess the necessity of modifications.
When to Seek Legal Advice
If your insurer disputes your claim or refuses to cover modifications, seek legal advice. A solicitor can:
- Challenge the insurer's refusal to accept evidence.
- Help you navigate SIRA's claims process.
- Ensure your modification needs are properly documented.
Example Scenario
Consider a cyclist who sustained a spinal injury requiring hand controls. The claimant must provide:
- A specialist report confirming the spinal injury.
- A quote from a registered modification provider for hand controls.
- A statement from a carer about how the modification improved mobility.
Without this evidence, the insurer may argue the modification was not 'reasonably necessary' under SIRA guidelines.
Next Steps
CTP claims involving vehicle modifications depend on accurate documentation and legal compliance. If you're unsure whether your evidence meets SIRA's requirements, seek professional guidance. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.