Vehicle modifications can significantly impact compensation claims under NSW's Compulsory Third Party (CTP) scheme. Injured road users seeking adjustments like hand controls or vehicle aids must understand how these modifications interact with legal entitlements. This article explains how SIRA assesses such claims, outlines available benefits, and highlights practical considerations for injured people.
How Do Vehicle Modifications Affect CTP Compensation?
NSW CTP claims are governed by the Motor Accident Injuries Act 2017. Modifications to a vehicle, such as hand controls or adaptive equipment, are evaluated based on their direct connection to the injury. SIRA considers whether the modification is a reasonable and necessary adjustment to enable the injured person to perform daily activities. For example, a cyclist with a spinal injury requiring hand controls would need medical evidence linking the modification to their disability.
What Claims Are Available for Modified Vehicles?
Under the CTP scheme, injured people can claim:
- Statutory benefits like weekly payments and treatment costs
- Vehicle modifications if they are directly related to the injury
- Out-of-pocket expenses for modifications approved by SIRA
SIRA assesses whether the modification is 'reasonably necessary' under the Motor Accident Guidelines. This requires medical documentation showing the modification enables the injured person to perform essential tasks.
How Does SIRA Evaluate Modifications Compared to Standard Claims?
SIRA applies stricter scrutiny to modifications. Unlike standard CTP claims, which focus on injuries like whiplash or fractures, modifications require proof of a direct causal link between the injury and the need for the adjustment. For instance, a pedestrian with a leg injury requiring a mobility aid would need medical evidence showing the aid is essential for mobility.
Practical Steps for Injured People
- Document the modification with receipts, medical reports, and a description of its function
- Provide evidence linking the modification to the injury (e.g., a doctor's statement)
- Notify your insurer about the modification within 52 weeks of the accident
- Seek legal advice if your claim is disputed or if you need to dispute a decision
Time Limits and Dispute Options
Claims must be made within 52 weeks of the accident for weekly benefits. If your claim is rejected, you can request a review with SIRA. For complex cases involving modifications, legal advice may be necessary to challenge a decision.
When to Seek Independent Advice
Injured people should consult a legal professional if:
- The insurer disputes the need for a modification
- You're unsure if your modification meets SIRA's criteria
- You need help navigating the claims process
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.