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 can significantly impact the assessment of injuries in NSW Compulsory Third Party (CTP) claims. This article explains how modifications to vehicles, such as hand controls or mobility aids, affect compensation under the Motor Accident Injuries Act 2017 and the Motor Accident Guidelines. Practical examples from Albury NSW illustrate how claimants and insurers evaluate the relationship between vehicle modifications and injury severity.
How Vehicle Modifications Influence CTP Compensation
Under NSW law, vehicle modifications are assessed to determine their effect on injury severity and compensation. For example, a person with a spinal injury who uses a hand control to operate a car may have their injury severity adjusted based on how the modification impacts their mobility. The key is whether the modification alters the vehicle's functionality in a way that affects the injury's impact on daily life.
SIRA's Motor Accident Guidelines state that modifications must be evaluated in the context of the injury. If a modification allows a person to perform tasks they otherwise could not, it may reduce the perceived severity of the injury. Conversely, if the modification is not sufficient to restore full functionality, the injury's impact on the claimant's life may be more significant.
Evidence Required for Modifications in Claims
To prove the impact of vehicle modifications on a claim, evidence must demonstrate:
- Medical records showing the injury's effect on mobility and daily activities
- Documentation of the modification (e.g., installation date, type of aid, and its purpose)
- Statements from medical practitioners explaining how the modification affects the claimant's condition
- Vehicle modification records or receipts where applicable
In Albury, claimants should ensure all evidence is clearly linked to the injury and the modification's role in mitigating its impact. For example, a cyclist with a knee injury using a modified bike to maintain independence would need to provide evidence of both the injury and the modification's effect on their mobility.
Time Limits and Dispute Resolution
CTP claims must be submitted within specific timeframes. While there is no strict deadline for submitting a claim, delays can affect the assessment of injuries and modifications. Under the Motor Accident Injuries Act 2017, weekly benefits are generally limited to 52 weeks if the injury is classified as a 'threshold injury' (a minor injury under the Motor Accident Guidelines). Modifications may influence whether an injury meets this threshold.
If a claimant disputes an insurer's assessment of a modification's impact, they may need to seek independent medical or engineering assessments. SIRA advises that modifications must be 'reasonably necessary' to address the injury's effects to qualify for benefits.
When to Seek Legal Advice
Claimants in Albury should consult a legal professional if:
- The insurer disputes the relevance of the modification to the injury
- The modification's impact on daily life is unclear
- The claimant is unsure how to document the modification's effect
Legal advice can help ensure all evidence is properly presented and that the claimant understands how modifications are assessed under NSW law.
Practical Example from Albury
Consider a claimant in Albury who sustained a spinal injury in a car accident. They had pre-existing hand controls installed in their vehicle to manage a mobility condition. Under the Motor Accident Guidelines, the injury's severity is assessed based on the claimant's current functional capacity. The hand controls may reduce the injury's impact on mobility, potentially affecting the compensation amount. Medical evidence must clearly link the injury to the claimant's functional limitations, independent of the modification.
Next Steps
CTP claims involving vehicle modifications require careful documentation and legal understanding. Time limits and statutory benefit periods mean prompt action is essential. For tailored advice on how modifications affect your specific claim, complete the quick, no obligation enquiry form.