How Vehicle Modifications Affect CTP Compensation in NSW
If you were injured in a motor accident in rural or remote New South Wales and now require vehicle modifications such as hand controls or adapted driving aids, your CTP compensation claim may include support for these modifications. The Motor Accident Injuries Act 2017 and the Motor Accident Injuries Regulation 2017 set out the legal framework for what you may claim, including modifications that are necessary for you to drive again or to maintain your mobility and independence. These modifications are considered part of treatment and care benefits, and may also be included in a damages claim if they are permanent and not reasonably provided by another source.
What Evidence Supports a Claim for Vehicle Modifications?
To claim for vehicle modifications, you must provide evidence that they are medically necessary and directly related to your injury. This includes a report from your treating medical practitioner confirming the nature and extent of your injury, and a formal assessment from a qualified mobility or rehabilitation professional. The assessment must detail why the modification is required, how it will assist with safe mobility, and whether it is a permanent or long-term need. Photographs of the vehicle before and after modification, along with a written quote from a licensed vehicle modification provider, are essential to support your claim.
In rural and remote areas, access to specialist assessors and modification providers may be limited. If you have travelled a significant distance to obtain an assessment or to have the vehicle modified, you may also claim for reasonable travel and accommodation costs, provided you keep records of the journey and expenses.
What CTP Benefits Cover Vehicle Modifications?
Vehicle modifications may be funded under treatment and care benefits if they are part of a rehabilitation plan approved by the insurer. These benefits cover reasonable and necessary costs for equipment, devices, or modifications that help you recover or manage your injury. If the modification is permanent and not expected to be removed, it may be considered part of your whole person impairment and included in a damages claim.
If your injury results in a threshold injury (such as a soft tissue injury with a specified level of neurological impairment), your entitlement to treatment and care benefits is limited to 52 weeks from the date of the accident, unless the injury is not the only injury you sustained. In such cases, the 52-week limit does not apply to treatment and care benefits for non-threshold injuries.
Time Limits and Disputes in Rural and Remote Claims
There is a 3-year time limit from the date of the accident to make a claim for compensation under the CTP scheme. This includes claims for vehicle modifications. If you are in a remote area and face delays in accessing medical or rehabilitation services, you should still notify your insurer as soon as possible after the accident to preserve your rights.
If your insurer refuses to fund a modification, you may request a review under the Motor Accident Injuries Act 2017. You can also apply to the NSW Civil and Administrative Tribunal (NCAT) for a determination if the dispute cannot be resolved. In remote areas, it may be necessary to obtain a second opinion from a specialist in rehabilitation engineering or neurology to support your case.
A Realistic Example: How a Modification Claim Might Work
A 45-year-old farmer in the Riverina region was injured in a motor accident when his vehicle collided with a fallen tree. He sustained a spinal nerve-root injury with neurological signs, including reduced muscle strength in his right arm. His treating neurologist confirmed that he could no longer operate a vehicle with his right hand. A mobility assessment recommended hand controls and a modified steering wheel to allow him to drive again.
He provided a medical report, a formal assessment from a certified vehicle modification provider, and a quote for the equipment and installation. His insurer initially declined to fund the modification, citing a lack of evidence of permanence. After a review and submission of additional evidence, including a second medical opinion, the insurer approved the claim.
When to Seek Independent Advice
If you are in a rural or remote area and are unsure whether your vehicle modification claim will be accepted, it is advisable to seek independent advice. This is particularly important if your injury involves a threshold injury, if you have a pre-existing condition, or if you are seeking a modification that is not commonly provided under the CTP scheme.
The SIRA website provides guidance on making a claim, what you can claim, and how to dispute a decision. However, because of the unique challenges in remote areas, such as limited access to specialists, longer travel times, and delayed medical reporting, individual circumstances can significantly affect the outcome.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.