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).
Vehicle modifications can significantly impact CTP compensation claims in NSW. A common mistake is failing to document the modification's purpose and how it relates to your injury. For example, if you installed hand controls after a spinal injury, insurers need evidence linking the modification to your disability. Under the Motor Accident Injuries Act 2017, claims must show a direct connection between the accident and your injuries. This article explains how to avoid errors when modifications affect compensation assessments.
NSW CTP Rules for Vehicle Modifications
CTP insurers assess modifications based on their relevance to your injury. Modifications like hand controls, ramps, or adaptive steering are considered if they address a threshold injury (e.g., a spinal nerve-root injury with neurological signs). SIRA guidelines state that modifications must be medically necessary and directly related to the accident's consequences. If a modification was made before the accident, it may not qualify unless it was necessitated by the injury.
Evidence to Preserve for CTP Claims
To support your claim, keep records of:
- Medical reports confirming the modification's medical necessity
- Receipts or invoices for the modification
- Statements from healthcare providers explaining the modification's role
- Photos of the modification and its installation
Insurers may challenge claims where modifications are not properly documented. For instance, if you installed a ramp without medical evidence, the claim may be denied. Always obtain written confirmation from a medical practitioner that the modification addresses your injury.
Time Limits and Dispute Resolution
You have 52 weeks from the accident date to claim weekly benefits for threshold injuries. After this period, benefits may be limited unless you have a whole person impairment rating. If you dispute an insurer's decision, you can request a review through SIRA or seek independent medical advice. Remember, CTP claims are governed by the Motor Accident Injuries Act 2017, which prioritizes medical evidence over fault.
When to Seek Legal Advice
Errors like failing to disclose pre-existing modifications or not following SIRA's claim process can invalidate your claim. For example, if you installed hand controls before the accident but didn't inform the insurer, the claim may be rejected. A legal professional can help ensure your evidence meets CTP scheme requirements and that you comply with all procedural deadlines.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.