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).
SIRA funds treatment costs for injuries caused by vehicle modifications under NSW's Compulsory Third Party (CTP) scheme. If you've suffered a disabling injury requiring hand controls, mobility aids or vehicle adaptations after a motor accident in Ballina, you may be eligible for financial support to cover specialist treatment. This article explains how SIRA covers these costs, what evidence is needed, and time limits to claim. The NSW Motor Accident Injuries Act 2017 governs these entitlements, and SIRA provides the practical pathway for injured drivers, passengers and cyclists.
How SIRA Funds Treatment Costs for Vehicle Modifications
Under the Motor Accident Injuries Act 2017, SIRA covers treatment costs for injuries that require vehicle modifications to restore mobility. This includes hand controls, ramps, adaptive driving equipment and other mobility aids. The funding applies to both medical treatment and vehicle adaptation costs, provided the injury meets the 'threshold injury' criteria outlined in the Motor Accident Guidelines.
To qualify, the injury must result from a motor vehicle accident and be medically confirmed as requiring modifications. For example, a spinal injury causing partial paralysis might necessitate hand controls to operate the vehicle. SIRA will fund the cost of installing these modifications, as well as ongoing medical treatment related to the injury.
Documentation Required for Treatment Cost Claims
Claiming treatment funding for vehicle modifications requires specific evidence to demonstrate the injury's impact and the necessity of modifications. Key documentation includes:
- A medical report confirming the injury's nature and severity
- Evidence of the vehicle modification (e.g., receipts, quotes or invoices)
- A statement from a medical practitioner explaining how the modification enables mobility
- Proof of the accident (e.g., police report, witness statements or camera footage)
SIRA may also require a 'treatment and care plan' outlining the medical and vehicle adaptation needs. This plan should be prepared by a registered medical practitioner and submitted as part of the claim.
Time Limits for Claiming Treatment Costs
Time limits apply to CTP claims in NSW. You must notify SIRA of your injury within 52 weeks of the accident date, or within 52 weeks of the date you became aware of the injury (whichever is later). Failure to meet this deadline may result in loss of certain benefits, though some claims may still be pursued depending on the circumstances.
For treatment costs related to vehicle modifications, it's crucial to submit claims promptly. Delays can affect SIRA's ability to assess the necessity of modifications and fund them. If you're unsure about the timeline, contact SIRA directly for clarification.
Disputes and When to Seek Advice
If SIRA denies a claim for treatment costs, you may request a review or escalate the matter through the NSW Civil and Administrative Tribunal (NCAT). Disputes often arise when the injury does not meet the threshold injury criteria or when the necessity of modifications is contested. In such cases, independent medical opinions or expert evidence may be required to support the claim.
It's advisable to seek legal advice if your claim is denied, especially if you believe the decision was made without proper consideration of your medical needs. A solicitor can help you understand your options and ensure all evidence is submitted correctly.
Example Scenario: Funding Vehicle Modifications After a Spinal Injury
Consider a driver who suffered a spinal injury in a Ballina car accident. The injury caused partial paralysis, making it impossible to operate the vehicle without modifications. A medical report confirms the injury meets the threshold injury criteria, and the driver receives a quote for installing hand controls. SIRA would fund the cost of the hand controls as part of the treatment and care benefits, provided the claim is submitted within the 52-week deadline.
Next Steps for Injured Claimants
If you've suffered an injury requiring vehicle modifications after a motor accident in NSW, start by gathering all relevant medical and accident documentation. Contact SIRA to confirm your treatment costs are covered under the CTP scheme. If you're unsure about your entitlements or need help submitting a claim, complete the quick, no obligation enquiry form to request contact about your circumstances.
Time limits and procedural requirements may apply. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.