Vehicle Modifications and CTP Claims in NSW
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 need vehicle modifications like hand controls or mobility aids, you may have questions about how these affect your CTP claim. Under New South Wales law, vehicle modifications can impact your compensation and must be properly documented. This article explains how SIRA assesses modifications, what evidence matters, and when to seek legal advice.
How CTP Rules Apply to Vehicle Modifications
The Motor Accident Injuries Act 2017 governs CTP claims in NSW. Vehicle modifications are considered part of your 'injuries' under the scheme, but they must meet specific criteria to qualify for benefits. SIRA assesses whether modifications are necessary due to a threshold injury, such as a spinal nerve-root injury producing neurological signs. For example, a person with a spinal injury requiring hand controls would be eligible for treatment and care benefits.
Modifications must be medically necessary and documented by a medical practitioner. SIRA uses the Motor Accident Guidelines to determine if a modification qualifies as a 'threshold injury.' If your modification is approved, it may affect your weekly income payments and long-term benefits.
Practical Steps for Documenting Modifications
To support your CTP claim, you must provide evidence of your injury and the necessity of the modification. Key documents include:
- A medical report confirming the injury and need for the modification
- Receipts or invoices for the modification
- A statement from your treating medical practitioner
- Photos of the modification (if applicable)
For example, if you've had a car modified with hand controls after a spinal injury, your doctor must confirm that the modification is essential for your mobility. This evidence helps SIRA determine your eligibility for benefits.
Time Limits and Dispute Resolution
You have 52 weeks from the date of your injury to claim certain benefits under the CTP scheme. After this period, weekly income payments and treatment benefits may be limited unless your injury meets the 'whole person impairment' threshold. If you disagree with SIRA's assessment of your modification, you can request a review or seek independent legal advice.
When to Seek Help
If you're unsure whether your modification qualifies for benefits or need guidance on documentation, contact a legal professional. Injured people on the Central Coast should be aware that modifications can affect both short-term and long-term compensation. Always ensure your medical evidence clearly links the modification to your injury.
Next Steps
CTP claims involving vehicle modifications depend on the date of your injury, the type of modification, and your medical records. To request contact about your circumstances, complete the quick, no obligation enquiry form.