How SIRA assesses vehicle modifications in CTP claims
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).
In New South Wales, the State Insurance Regulatory Authority (SIRA) administers Compulsory Third Party (CTP) claims under the Motor Accident Injuries Act 2017. When a claim involves vehicle modifications like hand controls or mobility aids, SIRA evaluates whether these modifications are necessary due to a disabling injury caused by a motor vehicle accident.
SIRA considers whether the modification is a direct consequence of the injury and whether it enables the injured person to perform daily activities. For example, if a pedestrian sustains a spinal injury and requires a mobility aid to walk, the modification would be assessed as a reasonable and necessary adjustment under the CTP scheme.
Practical steps and evidence for modified vehicle claims
To support a claim for vehicle modifications, injured road users must provide:
- Medical evidence confirming the injury and its impact on mobility
- Documentation of the modification (e.g., receipts, manufacturer specifications)
- A statement from a medical practitioner explaining the necessity of the modification
- Proof of the modification's installation date (if relevant to time limits)
SIRA may request additional information to verify that the modification is directly related to the injury and not a pre-existing condition. For instance, if a cyclist had a mobility aid before the accident, the claim may be denied unless the injury caused a new functional limitation.
Time limits and dispute resolution
CTP claims must be submitted within 52 weeks of the accident date, unless an extension is granted. For vehicle modifications, the 52-week period applies to the entire claim, including any ongoing treatment. If a claimant requires a modification after this period, they may need to pursue a separate claim under the Workers Compensation Act 1993 or seek a review of their CTP claim.
Disputes over vehicle modifications are resolved through SIRA's internal review process. Claimants can request a review if they believe the modification was wrongly denied or if the assessment was based on incomplete information.
When to seek legal advice
Vehicle modifications can be complex to assess, particularly when the injury involves neurological or musculoskeletal damage. For example, a claimant with a spinal nerve-root injury may need specialized evidence to prove that a mobility aid is necessary under the Motor Accident Guidelines. Legal advice is recommended when:
- The injury involves a threshold injury (e.g., soft tissue damage with neurological signs)
- The claimant is unsure whether the modification meets SIRA's criteria
- The modification was installed before the accident but is being used for a new injury
Example: Hand controls after a disabling injury
Consider a driver who sustains a traumatic brain injury in a car accident. The injury results in partial paralysis, requiring hand controls to operate the vehicle. SIRA would assess whether the hand controls are a reasonable modification under the CTP scheme. The claimant must provide medical evidence linking the injury to the need for the modification, as well as documentation of the hand controls' installation date.
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.