Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
Vehicle modifications such as hand controls or mobility aids can significantly impact the assessment of injuries in NSW Compulsory Third Party (CTP) claims. When preparing for medical assessments, injured parties must ensure their vehicle modifications are properly documented and aligned with SIRA's guidelines. This article explains how vehicle modifications affect CTP claims, practical steps for preparation in the Newcastle and Hunter region, and key considerations for medical assessments.
How Vehicle Modifications Affect CTP Medical Assessments
Under NSW law, vehicle modifications are evaluated as part of the claim process to determine the extent of injury and ongoing needs. SIRA's guidelines state that modifications must be 'reasonably necessary' to address the injury's impact. For example, a wheelchair-accessible vehicle or hand controls may be considered if they directly relate to a spinal injury or mobility limitation.
Medical assessments must explicitly connect the modification to the injury. If a claimant uses a vehicle aid, the assessor will evaluate whether it is a 'reasonable modification' under the Motor Accident Injuries Act 2017. SIRA advises that modifications not directly related to the injury (e.g., aesthetic upgrades) may not qualify for additional benefits.
Practical Steps for Preparing for Medical Assessments
- Document the Modification: Provide detailed records of the modification, including dates of installation, cost, and how it addresses the injury. For example, if hand controls were fitted after a spinal injury, medical reports must explicitly link this to the injury.
- Medical Evidence: Ensure your treating physician or specialist explains how the modification supports your recovery. SIRA requires evidence that the modification is 'reasonably necessary' and directly related to the injury.
- Work with SIRA: Contact SIRA's Newcastle or Hunter office to confirm your modification meets their criteria. They may request additional documentation or clarification during the assessment.
- Photographs and Reports: Include before-and-after photos of the modification, along with any accident reports or witness statements that contextualize the injury.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident if the injury is classified as a 'threshold injury' (soft tissue injury with no permanent impairment). If your claim involves vehicle modifications, ensure all documentation is ready before this deadline.
Disputes over modifications may arise if SIRA questions the necessity of the aid. In such cases, seek independent medical advice to reinforce the link between the modification and your injury. SIRA's dispute resolution process allows for a review if new evidence is presented.
When to Seek Legal Advice
If your modification is denied or you face delays in the assessment, consult a solicitor specialising in CTP claims. They can help challenge decisions and ensure your modification meets SIRA's criteria. Legal advice is particularly valuable if your claim involves complex injuries like spinal nerve-root damage or long-term mobility needs.
Example Scenario
Consider a cyclist who sustained a spinal injury and later installed hand controls on their vehicle. During the medical assessment, SIRA may question whether the modification is 'reasonably necessary' for daily mobility. A specialist report confirming the modification improves independence would strengthen the claim.
Next Steps
CTP claims depend on accurate documentation and alignment with SIRA's guidelines. In the Newcastle and Hunter region, injured parties should prioritise clear communication with SIRA and their medical team. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.