How SIRA Defines Vehicle Modifications in CTP Claims
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).
In New South Wales, the New South Wales Injury Reference Authority (SIRA) oversees claims under the Motor Accident Injuries Act 2017. When assessing vehicle modifications for compensation, SIRA considers whether the modification is a direct result of the injury and necessary for the claimant’s recovery. Modifications such as hand controls, ramps, or adaptive devices are evaluated based on medical evidence and the claimant’s ability to use the vehicle post-accident.
Evidence Required to Prove Modifications Affect Compensation
To support a claim for vehicle modifications, claimants must provide:
- Medical reports confirming the injury’s impact on mobility
- Documentation showing the modification was implemented post-accident
- Evidence of the modification’s necessity, such as a doctor’s statement linking the injury to the modification
- Proof of the modification’s cost, if applicable
SIRA requires this evidence to determine whether the modification is a reasonable and necessary outcome of the injury.
How SIRA’s Rules Differ from Other Injury Types
Unlike other injury claims, vehicle modifications are assessed under the 'what you can claim' framework. SIRA focuses on whether the modification directly addresses the injury’s effects. For example, a cyclist with a spinal injury requiring a hand control would qualify, while a minor soft-tissue injury with no mobility impact would not.
Practical Steps for Claimants in Balmain
- Seek medical attention immediately after the accident to document the injury’s severity.
- Preserve accident details, including witness statements and photographs of the scene.
- Notify your insurer within 52 weeks of the accident to avoid missing statutory benefits.
- Consult a medical professional to assess whether the injury necessitates a vehicle modification.
- Submit all evidence to SIRA, including medical records and proof of the modification.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident for weekly benefits. If the injury results in a 'threshold injury' (as defined by the Motor Accident Guidelines), benefits may be limited after 52 weeks. Claimants can request a review of SIRA’s decision through the NSW Civil and Administrative Tribunal (NCAT) if they believe the modification was wrongly excluded.
When to Seek Legal Advice
If SIRA disputes the necessity of a modification or if the claimant is unsure about their entitlements, legal advice is recommended. A solicitor can help navigate the process, ensure all evidence is submitted correctly, and challenge decisions if necessary.
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. To request contact about your circumstances, complete the quick, no obligation enquiry form.